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 sei