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DINESH KUMAR PALIWAL
Rahul – Appellant
Versus
State of Madhya Pradesh – Respondent
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
A court maintains jurisdiction to decide on the interim custody of seized property unless given proper notice of confiscation proceedings, as outlined in related statutes.
The courts lack jurisdiction to grant interim custody of a seized vehicle if confiscation proceedings have been initiated by the Collector under the M. P. Excise Act.
The main legal point established in the judgment is that the lower courts must determine their own jurisdiction under Section 457 Cr.P.C. to release a seized vehicle during pending confiscation proce....
The court ruled that provisions for interim custody under CrPC Sections 451 and 457 apply, despite NDPS Act confiscation risk, allowing for interim release of vehicles involved in drug-related offenc....
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