riječi u minuti
206
Darsh_KEWAT
00:00
Brzina
12.8.26
This petition under Article 226 of Constitution of India has been filed seeking following reliefs:- That, this Hon'ble Court be kind enough to issue a writ of certiorari or directions to the respondents to produce the entire records pertaining to confiscation proceedings of the vehicle, i.e. Creta car, bearing registration owned by the petitioner, so confiscated by the respondents. That, this Hon'ble Court be kind enough to quash the impugned order, Annexure-P/8 and direct the respondents for release of the vehicle, bearing registration the petitioner, in the interest of justice; That, this Hon'ble Court be kind enough to grant such other relief/reliefs to the petitioner as deemed just and proper in the facts and circumstances of the case. It is argued that a criminal case is pending consideration before the Trial Court and despite the same, confiscation proceedings were drawn. It is submitted that the vehicle in question cannot be confiscated during the pendency of trial as the same is contrary to the Judgement dated 21/04/2025 passed by Full Bench of this Court in the case It is argued by learned counsel for the petitioner that the Collector was having no jurisdiction to pass such an order regarding confiscation of vehicle in view of the judgement passed by Full Bench of this Court in the case Learned State counsel has fairly submits that the matter is squarely covered by the Full Bench judgment of this Court in the case of Ramlal the authorities jurisdiction confiscation order pending criminal case. Heard learned counsel for the parties and perused the record. For cases under Cow Progeny Act, the Collector/District Magistrate shall be competent to initiate proceedings for confiscation during pendency of criminal trial, but no confiscation order can be passed before conclusion of criminal trial and the Collector/District Magistrate would be empowered to confiscate the vehicle only if conviction is recorded in criminal trial and involvement of vehicle and knowledge/connivance of the owner is proved in the criminal trial. Writ petition is maintainable once an order is passed by the Collector/District Magistrate confiscating the vehicles by exercising powers under the provisions of M.P. Excise Act, 1915 and in case of Cow Progeny Act, if it is passed before conclusion of trial, because it will be without jurisdiction.