SHITAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Cr.P.C. assailing the order dtd. 27/7/2021, passed by learned Thirteenth Additional Sessions Judge, Raipur, District- Raipur (C.G.) in Criminal Revision No. 79/2021, affirming the order dtd. 10/5/2021 passed by learned Judicial Magistrate First Class, Raipur, District Mahasamund in MJC No. 252/2021 rejecting application of the petitioner filed under Sec. 457 of the Cr.P.C. for Supurdnama of the Maruti Alto Car bearing registration No. CG-04-HR-8069.

(2.) The facts as projected by the petitioner in the instant petition, in brief, are that the petitioner is the owner of Maruti Alto Car bearing registration No. CG-04-HR-8069. The said vehicle was seized by Police Station- Arang, District- Raipur in connection with Crime No. 217/2021 under Sec. 34(2) of the Chhattisgarh Excise Act, 1915. The allegation of the prosecution is that 40.02 bulk liters of liquour was being transported through the said vehicle. The petitioner filed an application under Sec. 457 of the Cr.P.C. before the Judicial Magistrate First Class, Raipur inter alia stating that he is the owner of the aforesaid vehicle, therefore, custody of the vehicle be given to him on Supurdnama, which was rejected by learned Judicial Magistrate First Class, Raipur, as there is provision of confiscation of the vehicle under Sec. 34 (3) of the C.G. Excise Act, 1915.

(3.) Learned Judicial Magistrate First Class, Raipur, while rejecting the application under Sec. 457 of the Cr.P.C. has recorded a finding that as per the case diary, the vehicle was seized and confiscation proceedings on the strength of the application submitted by Police Station, Arang, have been initiated. The Superintendent of Police, Raipur has requested for confiscation of the vehicle to the District Magistrate, Raipur, as such, the proceedings for confiscation are pending, therefore, the application is liable to be rejected and accordingly he has rejected the same. The petitioner filed a revision petition before the learned Additional Sessions Judge, Raipur assailing the said order who after considering the fact that the Superintendent of Police has already initiated the confiscation proceedings as provided under Sec. 34 (3) of the CG Excise Act, 1915 before the learned District Magistrate, Raipur and the finding recorded by the learned Judicial Magistrate First Class, Raipur is legal and justified. Therefore, Thirteenth Additional Sessions Judge, Raipur, dismissed the criminal revision vide impugned order dtd. 27/7/2021.