- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, dismissing the revision petition filed by the appellant.
(3.) Background facts in a nutshell are as follows: On 26.04.1996, in the truck bearing registration No.MOU 9470, Anokhilal Porwal the driver of the appellant was transporting 294 boxes each containing 48 quarters xxx-Rum DryGin, Beer and foreign liquor in the night at about 1.00 A.M. The truck was passing through village Naganghat Meghnagar. The Station House Officer of P.S. Kakanwana received information from the informant about passing of the truck, upon which he stopped the truck at Naganghat Barrier and seized the truck with the stock of foreign liquor. Crime No.62/96 was registered at Kakanwani P.S. under Section 34 of the M.P. Excise Act 1915 (in short 'the Act') and after due investigation, filed the charge-sheet before the learned Judicial Magistrate First Class against the driver Anokhilal Porwal. The truck was and is still owned by the appellant-Kailashchandra. The Trial Court, after completion of the trial, by judgment dated 19.03.2001 convicted the accused and sentenced him to R.I. for one year and a fine of Rs.2,000/-, in default of payment of fine, to suffer further R.I. for two months and also issued show-cause notice to the appellant for confiscation of the truck as per provision under Section 46 of the Act 1915. The appellant submitted the reply, but the trial court was not satisfied therewith and ordered for confiscation of the truck. Against this order, the appellant Kailashchandra submitted appeal (Cri. A.No. 25/2001) whereby the lower Appellate Court remanded the case back by order dated 29.11.2001 on the ground that Supratdar was not served with the notice for confiscation of the truck personally. The Trial Court registered Misc. Criminal Case No.34/2000 and again issued show-cause notice to the Supratdar/appellant. The appellant submitted his reply and also got himself examined as well as witness Onkar. Trial Court, again passed the order of confiscation of the truck on 07.03.2000. This order was again challenged by the appellant in Crl. A.No.24/03 by judgment dated 12.09.2003. Against this judgment/order, the appellant Kailashchandra filed Cri.Rev.No. 773/03 before the High Court and the High Court again remanded the case back to the lower Appellate Court on the ground that the lower Appellate Court had not mentioned under which provision of law (whether new or old) the appeal was filed and to decide afresh and also issued direction to the Trial Court to see whether the accused Anokhilal filed any appeal and if any filed, what was the fate of that appeal. The lower Appellate Court, in view of the aforesaid direction issued by the High Court, heard both the parties in detail and decided all the issues. According to the Trial Court, a Criminal case was registered by the police against accused Anokhilal with regard to illegal transportation of foreign liquor in the truck on 26.04.1996. Therefore, the provision of confiscation of Section 46 of the Act, will apply and the amended provision of Section 47 and 47-A substituted by M.P. Excise Act (Act No. XXII of 2000) which came into force from 04.08.2000, will not apply and final disposal of the criminal case alongwith Section 46 of the Act read with Section 452 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') will apply. The lower Appellate Court did not accept the arguments advanced by the Public Prosecutor that the amended provision of the Act, Section 47-A and B shall apply because the judgment was passed after enforcement of the Amended Act of 2000. The Lower Appellate Court, according to the High Court, had rightly decided this issue because confiscation is a penal provision and, therefore, in a pending matter, prior to amendment, the amended provision will not apply and there is no such specific provision in the Amended Act of 2000, for application of new provision for confiscation of the conveyance and other articles, involved in the offence in a pending case.;