IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANJULI PALO ON THE 21^st OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 49378 of 2022 BETWEEN:-

BHAGWANDEEN KUSHWAHA S/O SHRI KUNKJAL PRASAD KUSHWAHA, AGED ABOUT 65 YEARS, OCCUPATION: CULTIVATION R/O KANCHANPUR AHRITOLA DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER (BY SHRI SUSHIL KUMAR TIWARI, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLCE STATION KOTHI DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PUSHPANJALI DWIVEDI, PANEL LAWYER)

This application coming for admission this day, the court passed the following:

ORDER

The petitioner has preferred this petition under Section 482 of Cr.P.C. against the order dated 30.09.2022 passed by J.M.F.C., Satna in RCT No.494/2022, whereby application filed by the petitioner for releasing of seized property i.e. diesel has been rejected.

2 . As per the prosecution case, on 13.03.2022 during Signature Not Verified SAN patrolling duty at about 8.30 am, the Officer of Police Station Kothi Bazar, District Satna had received an information about illegal transportation for selling of diesel by offending vehicle i.e. Tractor No.M.P.-19 AB-9238. Thereafter, police seized said tractor and found about 550 liter diesel, which was kept in 2 plastic drum and 2 plastic jerry cans valued at Rs.48,422/-. On query, tractor Driver Ramhridaya Kushwaha told that after purchasing the diesel from Govind Kripa Petrol Pump, they are going to their village Kanchanpur for selling it to needy persons. Tractor Driver Ramhridaya Kushwaha and his friend Rohini Kushwaha were not having any valid license for selling of diesel and thus, they have been made accused under Sections 285 & 34 of the I.P.C. and under Section 3/4 of the Essential Commodities Act. The tractor trolley along with diesel have been seized.

3. Thereafter, the petitioner has filed an application before learned J.M.F.C., Satna for releasing of tractor trolley and seized diesel on supurdginama under Section 457 of Cr.P.C., which is partly allowed vide order dated 22.03.2022 and tractor-trolley has been released on supurdgi, but the application for releasing of diesel has been rejected on the ground that excess quantity of diesel was transporting without the valid license, which amounts to breach of provisions of Essential Commodities Act. In the order Signature Not Verified SAN dated 22.03.2022, it is mentioned that S.P., Satna has sent a letter to the Collector for confiscation proceeding, but in respect of pendency of confiscation proceeding, the Collector has not intimated or submitted any information about the confiscation proceeding, hence, there is no bar to release the seized vehicle on supurdgi.

4 . Being aggrieved by the order dated 22.03.2022, the petitioner has filed Criminal Revision No.80/2022 before the Court of Fourth Additional Sessions Judge, Satna for releasing of the seized property i.e. diesel, which has also been dismissed vide order dated 21.09.2022.

5. During the pendency of case of confiscation proceeding before the Collector, Satna, the petitioner has filed an application for grant of interim release of diesel on Supurdgi before the Collector, Satna. The Collector, Satna passed an order on 23.08.2022 to release the seized diesel on supurdgi on furnishing surety of Rs.50,000/-. In compliance of order dated 23.08.2022, the petitioner furnished the surety and supurdgi bond on 29.08.2022 before the Collector, Satna and the Collector, Satna directed to release the diesel immediately on his supurdgi.

6. Despite the order of the Collector, the police of Police Station, Kothi has not released the diesel on supurdgi to the Signature Not Verified SAN petitioner on the ground that the diesel has been deposited in the Malkhana on the order of learned J.M.F.C. Thereafter, the petitioner again filed an application for releasing of seized diesel on supurdgi before the Court of J.M.F.C., Satna, but the said Court rejected the application on 30.09.2022 on the ground