Back
VISHAL DHAGAT
Vijay S/o. Ravi – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's vehicle confiscated for liquor transportation. (Para 1 , 2) |
| 2. petitioner's argument against confiscation based on ownership. (Para 3) |
| 3. court analysis on confiscation laws under different statutes. (Para 4 , 5 , 6 , 8 , 9 , 10 , 11) |
| 4. supreme court interpretation of confiscation under wildlife act. (Para 7) |
| 5. petition dismissed; further legal options available. (Para 12) |
ORDER :
Vishal Dhagat, J.
Petitioner has filed this petition under Article 227 of Constitution of India, challenging order dated 5-8-2022 passed by Additional District Magistrate, Betul i.e. respondent No. 3.
2. Respondent No. 3 has initiated proceedings for confiscating of Scooty vehicle bearing No. MP-MV-3221 owned by Vijay, Son of Ravi. Petitioner was proceeded ex parte as he did not appear after service of notice. District Magistrate found that vehicle in question was used in transportation of 50 bulk litres of country made liquor without any licence or permit. In said circumstances vehicle was confiscated in favour of State Government.
3. Learned counsel for the petitioner has challenged impugned order on ground that vehicle in question, at the time of seizure was being driven by Moh
Confiscation orders under the M.P. Excise Act can be issued despite ongoing criminal trials, necessitating a reference to a Larger Bench due to conflicting opinions among Coordinate Benches.
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....
Premature confiscation of property under the Madhya Pradesh Excise Act is impermissible and may cause irreparable loss.
During confiscation proceeding, the Magistrate has no power under sections 451 or 457 Cr.P.C. to release the vehicle.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
