2015 (2) TMI 779

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....2 of the Code of Criminal Procedure has been filed by the applicant against the order dated 27.11.2012 passed by the Additional Sessions Judge, Mungeli, Distt. Bilaspur, in Criminal Revision No. 42/11 whereby while dismissing the said revision, the order dated 28.09.2012 passed by the Chief Judicial Magistrate, Mungeli rejecting the application filed by the applicant herein under Section 457 of Cr....

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.... for the state has opposed the petition and has contended that the vehicle has been seized in connection with the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1950 (in short "the Act, 1950") and as the same is liable for confiscation, therefore, interim custody has rightly been refused by the courts below. 05.   The vehicle in question has been seized in connec....

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.... case of Sunderbhai Ambalal Desai (supra) has given directions that the seized property has to be given in interim custody to its rightful owner as expeditiously as possible. Further, the High Court of M.P. in the case of Kailash Vs. State of M.P., 1999(II) MPWN [133] had laid down that even if the vehicle is liable for confiscation, then also interim custody should not be refused to its registere....

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....p;   In the result, the petition is allowed. It is ordered that in case the petitioner furnishes a solvent surety of Rs. 6.5 lacs having a recent and valid solvency certificate alongwith a personal bond in the like amount to the satisfaction of the concerned trial Court, then the seized vehicle i.e. Bolero bearing registration No. CG-10FA-2281 shall be given in interim custody of the pet....