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2025 Supreme(MP) 541

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ACHAL KUMAR PALIWAL
Praveen Kumar Tiwari – Appellant
Versus
State Of M.P. – Respondent


Advocates Appeared:
For the Applicant :Shri Deepak Sahu, Advocate
For the Respondent:Ms. Noopur Dhamija, Deputy Government Advocate

ORDER :

ACHAL KUMAR PALIWAL, J.

1. This criminal revision has been filed under Section 438 read with Section 442 of BNSS Act assailing order dated 29.08.2024 passed in MJCR case No. 1632/2024 passed by Additional Special Judge (NDPS) Rewa, whereby applicant's application under Section 457 of Cr.P.C.( Section 503 of ) for releasing/giving vehicle Scorpio bearing registration No. MP-19-BB-1917 on Supurdagi has been dismissed.

2. Learned counsel for the applicant submits that learned Trial Court has dismissed applicant's application solely on the ground that impugned vehicle is liable to be confiscated under provision of NDPS Act and in the instant case, investigation has not been completed. Trial Court has wrongly dismissed applicant's application. Learned counsel for the applicant, after referring to provision of Section 63 of NDPS Act as well as order passed by the Coordinate Bench of this Court in M.Cr.C. No. 38089/2021 ( Surendra Dhakad Vs. State of MP ) vide order dated 13.01.2022, in Cr.R. No. 2971/2019 ( Manoj Kumar Vs. State of MP ) vide order dated 27.08.2019 and in Cr.R. No. 3530/2021 ( Rahul @ Anurag Chourasiya Vs. State of MP ) vide order dated 14.03.2022, submits that a

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