- (1.)The petitioner, claiming himself as owner of the motorcycle ( registration No. MP-67M/A-8864), has filed this petition against the order dated 25.09.2013, whereby the Chief Judicial Magistrate (CJM), Shivpuri has rejected his application for providing the vehicle in interim custody. He is also aggrieved by the Revisional order passed in Criminal Revision No. 120/2013 by Second Additional Sessions Judge, Shivpuri, whereby, his revision was dismissed.
(2.)Shorn of unnecessary details, facts giving rise to the present petition as stated in writ petition are that the petitioner is the owner of the vehicle in question. Said motorcycle was seized by the respondents on 26.04.2013 in crime No. 150/2013 for offence under section 34(2) / 40A of Excise Act. Projecting himself to be owner of the said motorcycle, application under Section 451.457 of Cr.P.C was filed before CJM, Shivpuri. The said application was rejected by the Magistrate. Revision of the petitioner was also dismissed.
(3.)Shri Deependra Singh Raghuvanshi, learned counsel for the petitioner, submits that his case is squarely covered by the judgment of this Court passed in WP No. 5059/2009 (Cr.) (Sukhveer Singh Vs. State of M.P.) and therefore, Courts below have erred in not releasing the vehicle.