PRAMOD KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition is filed against the order dtd. 5/8/2021 passed by the respondent No. 2/Collector, Mahasamund wherein an application for releasing the vehicle on interim custody preferred by the petitioner while the proceeding under the confiscation was continuing, was dismissed.

(2.) Facts of this case are that on 28/1/2021, information was received by the police of Excise Circle, Basna, District Mahasamund that the alleged vehicle Maruti Omni Car i.e. CG/04/LG/8446 was transporting illicit liquor. On such information, search was conducted and the vehicle when intercepted, 14.00 bulk litres of Orissa State Hiran brand liquor kept in 70 pouches was recovered. Thereafter crime bearing number 72/2021 was registered under Sec. 34(2) of the C.G. Excise Act, 1915 and the liquor as also the vehicle was seized by the police.

(3.) Counsel for the petitioner submits that the confiscation proceedings though have been commenced it does not put any bar to release the vehicles on interim custody. He placed his reliance in the matter of Sunderbhai Ambalal Desai v. State of Gujarat reported in (2002) 10 SCC 283 and submits that applying such principles till confiscation proceeding is concluded, the vehicle should have been handed over to the applicant. However, in no set of circumstances, the Investigating Officer should keep such articles in custody for a longer period for the purpose of investigation and identification. It is stated that in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions ought to have been given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.