RAJESH PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Instant petition is against the order dtd. 18/3/2021 passed by the Learned District Magistrate (Collector), Mahasamund wherein an application for interim custody of vehicle preferred by the petitioner while the proceeding under the confiscation was continuing was dismissed.

(2.) Facts of this case are that on 24/11/2020 an information was received by the police of Basna, District Mahasamund that the alleged vehicle i.e. C.G. 04 KP 8868 was being used for transportation of illicit liquor. On such information, raid was conducted and the vehicle when was intercepted, from the vehicle 135 bulk litres of foreign liquor was recovered. Having asked for the valid documents, no documents pertaining to such liquor were produced, therefore, crime bearing number 552/2020 was registered under Sec. 34(2) of the C.G. Excise Act, 1915 and the liquor as also the vehicle were seized by the police. It was alleged by the State that the vehicle was being used for transporting illicit liquor as such proceeding under Sec. 47-A(3) of Chhattisgarh Excise Act, 1915 was drawn for confiscation of vehicle. Further the collector, who is authorizes under Sec. 47-A (3) started confiscation proceeding for the vehicle. During such confiscation proceeding, an application was filed by the petitioner for interim custody of the vehicle till the confiscation proceedings are concluded. Said prayer for release of the vehicle for interim custody was dismissed by an order dtd. 18/3/2021. Therefore, this instant petition.

(3.) Learned counsel for the petitioner would submit that confiscation proceeding though having been commenced it does not put any bar to release the vehicles on interim custody. He placed his reliance in case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in (2002) 10 SCC 283 and would submit that applying such principle till consfiscation proceeding is concluded, the vehicle should have been handed over to the applicant. It is submitted that no necessary useful purpose would be served by keeping the vehicle in the custody except the loss caused to it. It is further submitted that charge sheet having been filed no further enquiry is necessary in respect of criminal case and as such vehicle should have been released in favour of applicant.