Madhya Pradesh High Court
Mohd. Waseem vs The State Of Madhya Pradesh on 27 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:33441
1 CRA-3589-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 27th OF APRIL, 2026
CRIMINAL APPEAL No. 3589 of 2017
MOHD. WASEEM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for appellant.
Ms. Hemlata Kshatriya - Government Advocate for respondent/State.
ORDER
The present appeal has been filed under Section 454 of the Code of Criminal Procedure, 1973, seeking release of the Scorpio Car bearing Registration No. MH-13-AZ-4155, which was seized in connection with the case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'NDPS Act').
2. The appellant was convicted under the NDPS Act by an order dated 30.08.2013. Against the said conviction, a Criminal Appeal bearing CRA No. 2273/2013 is stated to be pending before this Court. The Scorpio Car bearing Registration No. MH-13-AZ-4155 was seized during the investigation in the said NDPS matter and has not been released. The appellant, seeking the release of the said vehicle during the pendency of the substantive criminal appeal, has filed the present appeal under Section 454 Cr.P.C.
Signature Not Verified Signed by: PRAVEEN Signing time: 4/29/2026 10:25:03 AMNEUTRAL CITATION NO. 2026:MPHC-JBP:33441 2 CRA-3589-2017
3. Today the case is listed on the question of maintainability. The Registry has also raised an objection regarding the maintainability of the present appeal.
4. Section 454 of the Code of Criminal Procedure, 1973 provides for appeals against orders made under Section 452 or Section 453 Cr.P.C. relating to property. However, the challenge to an order concerning release or disposal of property, particularly in a case where the substantive matter has attained finality at the trial court level and an appeal against the conviction is pending before the High Court, does not fall within the appellate jurisdiction contemplated under Section 454 Cr.P.C. in the manner invoked.
5. The appropriate remedy available to an aggrieved party for seeking release of property/vehicle during the pendency of a criminal appeal, or against an order declining such release, is by way of a Criminal Revision under Section 397/401 Cr.P.C., and not by way of a separate criminal appeal under Section 454 Cr.P.C. The present appeal, filed under Section 454 Cr.P.C. for release of the seized vehicle during the pendency of the main NDPS appeal (CRA No. 2273/2013), is therefore not maintainable in the form in which it has been filed.
6. For the reasons aforesaid, the present Criminal Appeal No. 3589/2017 is hereby dismissed as not maintainable, the appropriate remedy being a Criminal Revision.
7. It is made clear that this order shall not be construed as a comment on the merits of the claim of the appellant for release of the said vehicle. The Signature Not Verified Signed by: PRAVEEN Signing time: 4/29/2026 10:25:03 AM NEUTRAL CITATION NO. 2026:MPHC-JBP:33441 3 CRA-3589-2017 appellant shall be at liberty to avail of the appropriate remedy in accordance with law.
(PRADEEP MITTAL) JUDGE Praveen Signature Not Verified Signed by: PRAVEEN Signing time: 4/29/2026 10:25:03 AM