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2024 Supreme(Online)(MP) 5695

HIGH COURT OF MADHYA PRADESH
Jagdish Nagar – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Madan Singh,Advocate General

ORDER

This petition under Section 482 of Cr.P.C. has been filed challenging the legality and validity of the order dated 04.02.2023, passed in Criminal revision No.02/2023, passed by 1st Additional Sessions Judge, Raisen whereby it has affirmed the order dated 25.01.2023, passed by learned Chief Judicial Magistrate, Raisen dismissing the applicant's application under Section 451/457 of Cr.P.C. for handing over the vehicle on Supurdaginama.

2. Facts of the case are that on 08.01.2023, Police Gairatganj, intercepted a Swift Dzire car bearing registration No.MP-04-TB-2766 and in the search of the car it recovered 18 carton of the country made liquor. In total 162 bulk liter liquor was seized. Offence was registered at Crime No.06/2023 for commission of offence under Section 34(2) of the M.P.Excise Act, 1915 (hereinafter referred to as "Act"). Applicant who is the registered owner of the vehicle moved an application under section 451/457 of Cr.P.C. for taking the vehicle on Supurdagi. Same was dismissed by order dated 12.01.2023 (Annexure D), passed by the Chief Judicial Magistrate on the ground that letter has been sent by the Police to Collector/District Magistrate, Raisen for





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