Naresh vs State of M.P.

Alok Verma, J.

This application is filed under Section 482 of Cr.P.C. against the order passed by learned Additional Sessions Judge, Sardarpur, District Dhar in Criminal Revision No. 266/2014, dated 10-12-2014. Brief facts relating to this application are that 1400 Cartons of licensed Foreign Liquor was being transported in the truck bearing registration No. MP-09-HG-3537, which was met with an accident on 10-6-2014 and over turned. It is turned out that liquor was being transported under permit issued on 10-6-2014 and the liquor was being transported by specified route. After the accident, the truck and the liquor, which was loaded in the truck were seized by Police Station, Kukshi, District Dhar. After seizure, no proceedings were initiated for confiscation of the vehicle or the liquor. Also the clarification was issued by the Officer-in-charge on foreign liquor warehouse at Indore that period of permit began from 10:50 in the morning on 10-6-2014 to 11:30 in the night. However, when the application was filed before the learned Additional Chief Judicial Magistrate, he observed that earlier the application under the same provision was dismissed by the learned Chief Judicial Magistrate, Dhar on merit and this fact was suppressed by the present applicant and on that ground, he dismissed the application. A revision was filed and the Revisional Court by the impugned order again observed that the revision was filed against the order passed by learned Additional Chief Judicial Magistrate while, earlier order of Chief Judicial Magistrate was not challenged.

Aggrieved by all these orders, the present application under Section 482 of Cr.P.C. is filed.

From the orders of the Courts below, it is clear that the foreign liquor, which was being transported in the truck, was licensed liquor. There was no violation of any provision of law and, therefore, by not giving the custody of the liquor to its rightful owner, would result in unnecessary loss to the owner.

In this view of the matter, the application is allowed. It is directed that if, the applicant furnishes Supurdaginama for Rs. 5,00,000/-, seized foreign liquor may be handed over to him after getting a certificate from the District Excise Officer or any other Subordinate Officer not below rank of Excise Inspector, that:--

"(i) the liquor is licensed,

(ii) that the liquor is fit for human consumption,

(iii) the present applicant has valid papers for transportation of seized liquor from Dhar to its original destination."

With that observations and directions, the application stands disposed of.

C.c. as per rules.