NOHAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, this petition is heard finally at the motion stage.

(2.) This writ petition (Cr.) under Article 226 of the Constitution of India has been preferred by the petitioner against the order dtd. 21/7/2022 passed by the Collector, District Mahasamund (C.G.) in Case No. 25/2020 whereby the Collector has dismissed the application filed by the applicant for releasing his Motorcycle bearing registration No. CG/06/GJ/2377 (henceforth "motorcycle") on supurdnama.

(3.) Facts of the case in brief are that on 21/1/2022, the petitioner was found in illegal possession of 5.400 bulk liters liquor (24 quarters country made liquor and 6 quarter foreign liquor), which was transported by him illegally in the aforesaid motorcycle, hence, aforesaid liquor and motorcycle were seized from the possession of the applicant and FIR bearing Crime No. 32/2022 for the offence punishable under Sec. 34 (2) of the Chhattisgarh Excise Act, 1915 (henceforth 'the Act') was registered at Police Station City Kotwali, Mahasamund, District Mahasamund. Intimation under Sec. 47-A of the Act was given by the police to the Collector, Mahasamund, hence, procedure for confiscation of the motorcycle has been initiated against the petitioner. During the confiscation proceeding, the petitioner, who is claiming himself as owner of the said motorcycle, filed an application for releasing the same on interim custody, which has been rejected by the Collector, Mahasamund vide impugned order dtd. 21/7/2022. Hence, this petition.