The main legal point established in the judgment is that the jurisdiction of the trial court to make any order about the custody of conveyance is ceased only after it has received intimation about the initiation of the proceeding for confiscation of seized conveyance from the Collector, as stipulated in Section 47-D of the MP Excise Act, 1915.

JUDGMENT

Dinesh Kumar Paliwal, J. - This petition under Section 482 of Cr.P.C. has been filed against the order dated 05.03.2022 passed by 1st Additional Session Judge, Khandwa in Criminal Revision No. 62/2021 arising out of order dated 28.09.2021 passed by Judicial Magistrate First Class, Khandwa in RCT No. 165/2019 whereby, it dismissed the application of applicant registered owner of the vehicle filed under Section 451/457 of Cr.P.C. for getting interim custody of vehicle (motorcycle) bearing registration No MP-12-MQ-6357. Application of the applicant has been dismissed by both the Courts below on the ground that as per the provision under Section 47-D of MP Excise Act, 1915 (hereinafter referred to as "Act"). The criminal Court has no jurisdiction to release the vehicle on interim custody because the District Magistrate has already initiated the proceeding against the applicant for confiscation of the vehicle and other seized property as per the provision under Section 47-D of the Act.

2. The contention of the learned counsel for the applicant is that applicant is a registered owner of the Motorcycle bearing registration No. MP-12-MQ-6357. No 69 (sixty nine) liters liquor was seized from him. Under the provision of Section 47-D of the Act, the criminal Court was not intimated by the District Magistrate for initiation of confiscation proceeding regarding the seized motorcycle. Therefore, the criminal court has jurisdiction to release the vehicle on Supurdginama. Learned counsel placing reliance on the case of Sunderbhai Ambalal Desai Vs. State of Gujarat (2002)10 SCC 283 has submitted that seized vehicle should be given on interim Supurdginama to the applicant registered owner otherwise vehicle will get deteriorate by being kept unused and unattended in the premises of police station. Learned counsel has also placed reliance on order dated 12.01.2022 passed in M.Cr.C. No. 39683/2020 (Mukesh Vs. State of MP) passed by Coordinate Bench of this Court and has prayed that seized vehicle should be released on interim Supurdginama. He is ready to furnish the adequate security and Supurdginama for the same.

3. On the other hand, learned Panel Lawyer for the State has supported the impugned orders. According to learned counsel for the State, as per the provision under section 47-D of the Act, the Criminal Court has no jurisdiction to release the property seized in interim custody because the confiscation proceeding are already pending before the learned District Magistrate.

4. I have heard learned counsel for the parties and perused the record and impugned orders.

5. In the case in hand, liquor more than 69 bulk liters was seized from the motorcycle bearing registration No. MP-12-MQ-6357. Application under Section 451/457 of Cr.P.C. was filed before the learned JMFC by the applicant who the is registered owner of the vehicle but same was dismissed on 28.09.2021 by the JMFC as intimation dated 30.03.2019 by Collector/District Magistrate Khandwa by letter No./Reader Collector/2019/7045 about the initiation of confiscation proceeding was received in his Court on 23.04.2019.

6. It is undisputed that the applicant is registered owner of the vehicle in question and application filed by him to take the vehicle in temporary custody was dismissed on 28.09.2021 as intimation dated 30.03.2019 by Collector/District Magistrate Damoh was received in his Court on 23.04.2019. Section 47-D of the Act is 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 the clauses (a) or (b) of sub Section (1) of the Section 34 on account of which such seizure has been made, shall not make any order about the disposal, custody etc. of the intoxicants, articles, implements, utensils, materials, conveyance etc. seized after it has received from the Collector an intimation under Cla