Madhya Pradesh High Court
Sevaksingh vs The State Of Madhya Pradesh on 31 July, 2018
THE HIGH COURT OF MADHYA PRADESH
1 Criminal Revision No.1197/2017
(Sevaksingh Vs. State of M.P.)
Indore, Dated : 31/07/2018
Shri Manoj Saxena, Advocate for applicant.
Ms. Mamta Shandilya, Public Prosecutor for
respondent/State.
This Criminal Revision under Section 397/401 of Cr.P.C. has been filed against the order dated 5/8/2017 passed by the Special Judge (NDPS, Act) Shajapur in Crime No.5/2016, by which the application filed by the applicant under Section 451/457 of Cr.P.C. for release of the vehicle on Supurdagi has been rejected.
The necessary facts for disposal of the present revision in short are that the mini truck bearing registration No.P.B. 29 K 9430 was seized by the concerning police station, as the same was found to be transporting the contraband in violation of law and accordingly, an offence under Section 8/20 of the NDPS, Act was registered. The applicant filed an application under Section 451/457 of Cr.P.C. for release of the truck on Supurdagi.
It appears that initially proceedings for confiscation of the truck were initiated by the District Magistrate, but subsequently under the written instructions of the concerning District Magistrate, an application under Section 63 of the NDPS, Act has been filed before the court below for confiscation of the truck. The application filed by the applicant under Section 451/457 of Cr.P.C. has been dismissed by the court below by impugned order dated 5/8/2017 on the ground that since the confiscation proceedings have already been initiated, therefore, there does not appear to be any reasonable reason for release of the vehicle on Supurdagi.
THE HIGH COURT OF MADHYA PRADESH 2 Criminal Revision No.1197/2017 (Sevaksingh Vs. State of M.P.) It is submitted by the counsel for the applicant that although the criminal trial against the accused persons is pending, but no separate proceeding under Section 63 of the NDPS, Act has been initiated for confiscation of the truck.
This Court by order dated 20/3/2018 had directed the counsel for the applicant to address on the jurisdiction of the criminal court under Section 451 of Cr.P.C. qua the proceedings initiated under Section 63 of the NDPS, Act. Thereafter, by order dated 10/5/2018 this Court directed the Public Prosecutor to submit a report that whether the confiscation proceedings with regard to the truck in question has been completed or not? On 27/6/2018 and 23/7/2018 time was granted to the Public Prosecutor to submit the report. Even today, the counsel for the State is unable to make any statement that whether the confiscation proceedings have been initiated or not and if the same have been initiated, then what is the stage of those proceedings. Under these circumstances, this Court has no option but to accept the statement made by the counsel for the applicant that no confiscation proceeding has been initiated so far. However, the said statement has been vehemently disputed by the counsel for the State.
Considering the aforesaid facts and circumstances of the case, instead of keeping this revision pending, it would be appropriate to grant a liberty to the applicant to file an application under Section 451/457 of Cr.P.C. for release of the truck before the trial court itself. It is made clear that in case if the confiscation proceedings have not been initiated, then the trial court shall be at liberty to deal with the said application THE HIGH COURT OF MADHYA PRADESH 3 Criminal Revision No.1197/2017 (Sevaksingh Vs. State of M.P.) afresh without getting prejudiced by the earlier order and if the confiscation proceedings have already been initiated, then the trial court shall be at liberty to consider the prayer for release of the vehicle in the light of the facts and circumstances of the case and if the confiscation proceedings have already come to an end, then the applicant shall have a liberty to challenge the order of confiscation.
With aforesaid liberty, the revision is finally disposed of.
(G.S. Ahluwalia) Judge Arun*