Madhya Pradesh High Court
Jai Prakash Awasthi vs The State Of Madhya Pradesh on 12 December, 2012
Criminal Revision No.1660/12 12.12.2012
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Shri Narendra Nikhare, learned counsel for petitioner. Shri Akshay Namdeo, learned PL for State. Heard.
This petition under Section 397/401 of Cr.P.C. has been filed in order to set aside the Order of JMFC, Jabalpur dated 17.08.12 (Annexure A/4) by which learned JMFC has rejected the application under Section 451/457 Cr.P.C.filed by petitioner and refused to release the vehicle in question on Supurdnama as it was seized in Crime No.332/12 for alleged offence punishable under Section 34/2 of Excise Act on the ground that 432 ltrs. of illegal liquor has been seized and the vehicle is subject to confiscation in view of provisions of Excise Act.
Counsel for petitioner submits that vide Annexure A/1, petitioner has filed the copy of FIR lodged by him on 7.6.12 showing that petitioner is the owner of Bolero Jeep No. MP19- T/1930 bearing Chassis No.72H42355, Engine No. GF74H77349 which was stolen from his possession in the night of 7.6.12 and police has registered offence under Section 379 IPC vide Crime No. 98/12. After about two months, the said vehicle was seized by PS-Kotwali, Jabalpur under Section 34/2 of Excise Act for being used to carry 432 ltrs.of illegal liquor.
Perused the FIR dated 7.6.12.
It seems very much clear that petitioner is the owner of the aforesaid vehicle and the vehicle has been stolen prior to two months of alleged incident of seizure of liquor and FIR with 2 regard to missing of vehicle was timely lodged by the petitioner. If the vehicle is not handed over to the petitioner, he will suffer irreparable loss as the vehicle belongs to him which was stolen.
Looking to the facts and circumstances of the case, impugned order of JMFC, Jabalpur dated 17.08.12 (Annexure A/4) is set aside. It is directed that on producing relevant papers and giving Supurdnama of Rs.2,00,000 (Rs. Two Lacs Only) with one surety in the like amount to the satisfaction of the trial Court, Jabalpur, the Bolero Jeep MP19-T/1930 Chassis No. 72H42355 Engine No. GF74H77349 seized in Crime No.34/2 of Excise Act in Crime No.332/12 be given on Supurdnama to the petitioner till final order of the case on these conditions:-
(a) That, petitioner will not transfer/sell the vehicle to any third person;
(b) That, petitioner will not change the colour, design, etc. of the vehicle;
(c) That, petitioner will produce the vehicle as and when required at his own cost.
Petition stands disposed of finally.
C.c.as per rules.
(M.A.Siddiqui) Judge.
Jk.
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