O R D E R

(Passed on 08/03/2021)

This petition has been filed under Section 482 Cr.P.C. seeking quashment of order dated 25.11.2020 passed by Second Additional Sessions Judge, Panna in Cr. Revision No. 39/2020; whereby, order passed by CJM, Panna dated 01.10.2020 in MJCR No. 131/2020 rejecting an application filed by the applicant under Section 457 of Cr.P.C, has been affirmed. Inter alia a prayer is made to release the vehicle “Maruti Omni bearing No. MP-35-BA-0734” belonging to the applicant on "Supurdginama".

2. It is alleged that the aforesaid vehicle used in illegal transportation of country made 63 bulk litres of plain liquor was seized from the vehicle driven by Sukhlal Kushwaha. The Police registered a Crime No.754/2020 at P.S. Kotwali District Panna for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915. 3. The applicant who is the registered owner of the vehicle has filed an application under Section 451/457 of the Cr.P.C. for releasing of the vehicle on Supurdginama, which prayer has been rejected by the impugned orders, hence this petition.

4. Learned counsel appearing for the applicant has contended that the Courts below while passing the impugned orders have failed to exercise its jurisdiction vested with them and committed grave error of law in holding that the aforesaid vehicle cannot be given on Supurdginama. It is further submitted that the applicant is a registered owner of the vehicle and if the seized vehicle is kept for a long time in open space, it will be damaged by vagaries of weather.

5. Learned Govt. Advocate for the respondent/State has vehemently opposed the releasing of vehicle on Supurdnama. The accused Ravendra Namdeo has criminal record of the similar offence. 6. Heard learned counsel for the respective parties and perused the entire record of the case.

7. At the outset, we have to look the provision of section 47-A of the MP Excise Act, 1915, which provides for :

"47-A Confiscation of seized intoxicants, articles, implements, utensils, materials, conveyance etc.

(1) ... (2)...

(3) No order under sub-section (2) shall be made unless the Collector has -

(a) sent an intimation in a form prescribed by the

Excise Commissioner about initiation of proceedings

for confiscation of seized intoxicants, articles, implements, utensils, materials, conveyance, etc. to the Court having jurisdiction to try the offence on account of which the seizure has been made;

(b) issued a notice in writing to the person from whom such intoxicants, articles, implements, utensils, materials, conveyance, etc. have been seized and to any person staking claim to and to any other person who may appear before the Collector to have an interest in it;

(c) afforded an opportunity to the persons referred to in clause (b) above of making a representation against proposed confiscation; (d) given to the officer effecting the seizure under subsection (1) and to the person or persons who have been noticed under clause (b) a hearing;

Further, Section 47-D of the Act of 1915 provides for :

"47-D. Bar of jurisdiction of the Court under certain circumstances.-

Notwithstanding anything to the contrary contained in the Act, or any other law for the time being in force, the Court having jurisdiction to try offences covered by clause (a) or (b) of sub-section (1) of Section 34 on account of which such seizure has been made, shall not make any order about the disposal, custody etc. of the intoxicants, articles, implements, utensils, materials, conveyance etc. seized after it has received from the Collector an intimation under clause (a) of sub-section (3) Section 47-A about the initiation of the proceedings for confiscation of seized property.

Pratik Parik vs. State of M.P. 2010(1) MPLJ (cri.) 205 Coordinate Bench of this Court has held that application for release of vehicle rejected on the ground that liquor seized from the vehicle was more than 50 bulk liters and the jurisdiction to pass an order of disposal of such property was barred un