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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Manish @ Mahesh Soliya – Appellant
Versus
State Of Madhya Pradesh – Respondent
Prem Narayan Singh, J.
The petitioner has filed the instant application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 being aggrieved by the order dated 25.01.2025 passed by the learned third Additional Sessions Judge, District Dewas in Criminal Revision No.08/2025, arising out of the order dated 09.12.2024 passed by Judicial Magistrate First Class, District Dewas in MJCR No. 1510/2024 arising out of Crime No. 315/2024 registered at Police Station Vijayganj Mandi, District Dewas (M.P.) whereby the Courts below rejected the application filed by the petitioner under Sections 451 and 457 of Cr.P.C. 1973 ( Section 497 & 503 of BNSS , 2023) for interim custody of his vehicle bearing registration No. MP09 CR 4436.
2. As per the prosecution story, the petitioner is a registered owner of Car bearing registration No. MP09 CR 4436. The aforesaid crime was registered against the petitioner on 07.12.2024. It is alleged that the petitioner was carrying total 54 bulk litres of countrymade liqour without any valid permit and licence. During the pendency of the case, petitioner moved an application under Sections 451 & 457 of Cr.P.C. on 07.12.2024 before the trial Court fo
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 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....
The court can allow the release of a seized vehicle on conditions despite ongoing confiscation proceedings if initial proceedings were not timely initiated.
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 court established the principle that the trial court has the power to release a seized vehicle to the registered owner in interim custody, citing the absence of a provision in the NDPS Act restri....
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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