KISHORE SINHA Vs. STATE OF CHHATTISGARH AND ANOTHER

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner seeks to challenge the legality and validity of the order dated 24 -12 -2001 (Annexure P -3) passed by the Collector, Raipur, in Revenue Case No. 20/B/121 year 2001 -2002 (State of Chhattisgarh Vs. Shri Kishore). Learned Counsel appearing for the petitioner submits that on 8 -5 -2001, the vehicle bearing Registration No. M.P. -23/T -1123 (for short "the offending vehicle") owned by the petitioner was alleged to have been carrying 24 boxes of foreign liquor valued at Rs. 24,000/ -. The offending vehicle as well as the foreign liquor were seized and Crime No. 212/2001 was registered against the petitioner -owner of the offending vehicle. At the time of the incident, the offending vehicle was driven by one Om Prakash.

(2.) ACCORDING to the learned Counsel appearing for the petitioner, vide notification dated 2 -2 -2001 published in the Government Gazette, the Authorized Officer has been notified to be Assistant Commissioner (Excise) and all the District Excise Officers with their respective jurisdiction. In the present case, the same has not been done whereas the seized offending vehicle was produced before the Collector, Raipur, which is contrary to the notification issued by the Government and the provisions of Section 47 -A of the Chhattisgarh Excise Act, 1915 (for short "the Act, 1915"). Thereafter, as an interim measure, the offending vehicle was handed over to the petitioner on Supurdnama, as is evident from Annexure P -2. However, while passing the final order dated 24 -12 -2001 (Annexure P -3) the offending vehicle was confiscated and the interim order was cancelled in an illegal and arbitrary manner and against the provisions of law. Thus, this petition.

(3.) I have heard learned Counsel appearing for the parties, perused the pleadings and the documents appended thereto.