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PRANAY VERMA
Altaf s/o Sitab Kha – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Pranay Verma, J.
This petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner being aggrieved by the order dated 5-1-2023 passed in Criminal Revision No. 05/2023 by the IInd Additional Sessions Judge, Rajgarh, District Rajgarh affirming the order dated 16-12-2022 passed in Crime No. 445/2022 by the Judicial Magistrate, First Class, District Rajgarh, whereby his application under section 451 of the CRIMINAL PROCEDURE CODE for grant of custody of the vehicle to him had been rejected.
2. The facts reveal that on the basis of a secret information on 21-8-2022, the Police party stopped a vehicle Maruti Suzuki Brezza bearing registration No. MP-04-CY-3827 and recovered total 80 liters of country made liquor from the same which was being transported illegally without a valid license. Accordingly, a case under section 34(2) of the M. P. Excise Act, 1915 has been registered against the petitioner.
3. Thereafter, the petitioner preferred an application under section 451 of the CRIMINAL PROCEDURE CODE before the Judicial Magistrate, First Class, Rajgarh for custody of the aforesaid vehicle which was rejected vide order dated 16-12-2022 on the
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 jurisdiction of the trial court to make any order about the custody of conveyance is ceased only after it has received intimation about th....
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.
Premature confiscation of property under the Madhya Pradesh Excise Act is impermissible and may cause irreparable loss.
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....
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