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2015 (2) TMI 561 - CHHATTISGARH HIGH COURTJurisdiction of Judicial Magistrate - Seizure of vehicle - commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 - Whether the Court having jurisdiction to try offences covered by clause (a) or (b) of sub-Section (1) of Section 34 will have the jurisdiction to grant custody of the vehicle seized, after it has received information from the Collector under clause (a) of sub-Section (3) of Section 47A of the Chhattisgarh Excise Act, 1915 about the initiation of the proceedings for confiscation of seized vehicle. Held that:- Petitioner’s vehicle was found involved in the commission of the excise offences under Section 34 of the Act, 1915 and the Collector having initiated proceedings for confiscation of the said vehicle under Section 47- A of the Act, 1915 and intimated to the trial Court having jurisdiction to try the offences under clause (a) of sub-Section 3 of Section 47-A of the Act, 1915 about the initiation of the proceedings for confiscation of the seized vehicle and, as such, the provisions of Section 47-D of the Act, 1915 squarely attracts expressly barring the jurisdiction of the trial Magistrate to grant interim custody under Section 457 of the Code, the trial Magistrate ceased to have jurisdiction to make order from the date when he received intimation in the preset case i.e. 28.8.2014 to make any order about the disposal of the said vehicle and, as such, the trial Magistrate has rightly held that the Court has no jurisdiction to grant custody after initiation and intimation of the said confiscation proceedings to the Court having jurisdiction; and the learned Additional Sessions Judge is absolutely justified in affirming the order passed by the trial Magistrate refusing to interfere with the said order, as such, order passed by the learned Magistrate and duly affirmed by the revisional Court is based on the material available on record, which does not call for any interference by this Court in exercise of inherent power under Section 482 of the Code of Criminal Procedure. Further, the judgment relied upon by Mr. Pradhan passed by this Court in [Sujeet Kumar Khandekar 2015 (2) TMI 779 - CHHATTISGARH HIGH COURT] has not considered the express bar of Section 47-D of the Act, 1915, therefore, that judgment is clearly distinguishable. - petition is held to be devoid of merit - Judicial Magistrate has no jurisdiction to grant custody of the vehicle seized for excise offence in view of Section 47-D of the Act of 1915. - Decided against Petitioner.
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