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MADHYA PRADESH HIGH COURT
Vivek Rusia, J.
Pratap Verma v. State of M. P.
| Table of Content |
|---|
| 1. facts summary regarding illegal transportation of minerals. (Para 2) |
| 2. arguments from both sides about vehicle release. (Para 3 , 4) |
| 3. court's observations on jurisdiction under cr.p.c. (Para 6 , 12) |
| 4. legal reasoning on authority of releasing vehicles. (Para 8 , 10) |
| 5. final conclusion directing cjm to decide the application. (Para 15) |
1. The applicant has filed the present petition u/S. 482 of the Cr.P.C. against the order dated 20.12.2019 passed by Judicial Chief Judicial Magistrate, (in short ''CJM''), Barwani, rejecting the applications 451 and 457 of Cr.P.C. and also against the order st dated 23.1.2020 passed by 1 Addl. Sessions Judge, Barwani dismissing the criminal revision.
2. Facts of the case, in short, are as under :
(i) The applicant is the owner of Mahindra and Mahindra Tractor bearing Registration No.MP - 46 - A - 3400. As per the prosecution story, Sub Inspector Lakhansingh Baghel received discrete information about the transportation of sand illegally by red colour tractor without a permit. On the basis of such information, he reached Pati Naka, Bomya Road with the police force and found a red colour tractor attached with trolley coming towards chec
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