The main legal point established in the judgment is the interpretation of the provisions of the M.P. Excise Act, specifically sections 47-A(3)(a) and 47-D, to determine the jurisdiction of the trial court and the conditions for releasing the seized vehicle.

ORDER/JUDGMENT (Heard through Video Conferencing) : – Mrs. Manjit P. S. Chuckal, learned counsel for the applicant.

Shri Anand Shukla, learned Panel Lawyer for the respondent /State.

2. The applicant has preferred this petition under section 482 of the Criminal Procedure Code being aggrieved by order dated 22-3-2021 passed by First Additional Sessions Judge, Katni in Criminal Revision No. 27/2021, affirming the order dated 8-2-2021 passed by Chief Judicial Magistrate, Katni in Criminal Case No. 30/2021, by which application moved by the applicant under section 457 of the Criminal Procedure Code for releasing the vehicle Maruti Suzuki Ertiga VXI bearing registration No. MP-21-CA-3397 on Supurdaginama has been rejected on the ground that there was compliance of section 47-A(3) of the M. P. Excise Act and thus, bar of section 47-D of the M. P. Excise Act is attracted.

3. Brief facts of the case are that on 27-1-2021, acting upon secret information police intercepted Maruti Suzuki Ertiga VXI bearing Registration No. MP-21-CA-3397 and seized 144 bulk liters of country made as well as foreign liquor amounting to Rs. 93,320/- from the said vehicle. Thereafter, police registered Crime No. 30/2021 for the commission of offence under section 34(2) of the M. P. Excise Act, 1915 against the applicant and seized the aforesaid vehicle. Being registered owner of the said vehicle, on the same day applicant filed an application under section 457 of the Criminal Procedure Code for releasing Maruti Suzuki Ertiga VXI bearing Registration No. MP-21-CA-3397 on Supurdginama to the applicant before Chief Judicial Magistrate, Katni and thereafter, vide order dated 8-2-2021, Chief Judicial Magistrate rejected the applicant’s application on the ground that there is a bar under section 47-D of the M. P. Excise Act, 1915 for releasing the said vehicle on Supurdginama to the applicant. Being aggrieved by the said order, the applicant preferred Criminal Revision No. 27/2021 before First Additional Sessions Judge, Katni, which was also dismissed vide order dated 22-3-2021. Therefore, the applicant has preferred this petition under section 482 of Criminal Procedure Code for quashment of order dated 22-3-2021 passed by First Additional Sessions Judge, Katni in Criminal Revision No. 27/2021 and for releasing the vehicle Maruti Suzuki Ertiga VXI bearing Registration No. MP-21-CA-3397 on Supurdginama to the applicant.

4. Learned counsel for the applicant submits that the applicant has moved an application under section 457 of the Criminal Procedure Code for Supurdginama of the aforesaid vehicle before Chief Judicial Magistrate, Katni on 27-1-2021; whereas the Collector/District Magistrate intimated the trial Court for confiscation of the seized vehicle on 4-2-2021. It is well settled that on initiation of confiscation proceedings, a written information has to be submitted by the Collector or the Excise Commissioner to the trial Court and in case of non-compliance of the settled position of law, the seized vehicle should be handed over to the registered owner. In support of her submissions, she cited orders of this Court passed in M.Cr.C. No. 33134/2018 vide order dated 24-9-2018 and M.Cr.C. No. 4244/2009 vide order dated 20-7-2009 and prayed that the seized vehicle may kindly be released on Superdginama.

5. Heard learned counsel for the parties and perused the impugned orders and the documents available on record.

6. To adjudicate the issue involved in the matter it is necessary to reproduce the provisions of section 47-D of the M. P. Excise Act, which are as under : –

47-D. Bar of jurisdiction of the Court under certain circumstances. – Notwithstanding anything to the contrary contained in the Act, or any other law for the time being in force, the Court having jurisdiction to try offences covered by clause (a) or (b) of sub -section (1) of section 34 on account of which such seizure has been made, shall not make any order about the disposal, custody etc. of the