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2018 Supreme(MP) 448

VIRENDER SINGH
Anil Dhakad S/o Benisingh Dhakad – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioners: Shri Akash Rathi
For the Respondent: Shri Rakesh Maheshwari

ORDER :

Heard.

2. In all these three petitions similar questions have been raised by the petitioners and replied by the State therefore, they all are being decided by this common order. For the sake of convenience facts have been taken from M.Cr.C. No.6500/2018.

3. The petitioner has assailed order dated 30.01.2018 passed in Cr.R.No.27/18 by the Xth Additional Sessions Judge, Ujjain, whereby the learned Court has maintained the order dated 13.12.2017 passed by the Judicial Magistrate First Class, Ujjain in Crime No. 871/2017 registered at Police Station Neelganga, Ujjain

4. The learned Judicial Magistrate First Class dismissed the application of the petitioner for custody of Maruti Swift Dezire vehicle bearing registration No. MP04-CF-0551 seized by the Police Station Neelganga, Ujjain on 06.12.2017 in Crime No. 871/2017 for the offence under Section 34 (2) of the M.P. Excise Act, 1915 (here-in-after referred to as “the Act, 1915”) for carrying 171 bulk liter illegal country made liquor without any license observing that after receiving initiation of confiscation proceedings from the collector, the jurisdiction of the Court to release such vehicle is barred by Section 47-D of the Act,




























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