MUKESH KUMAR DAKKHANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been preferred by the petitioner against order dtd. 29/3/2022 passed by District Magistrate, Raipur, whereby application filed by the petitioner for grant of temporary custody of the vehicle Bolero Jeep (for short 'the vehicle') bearing registration No. CG 04 LF 0767 has been denied.

(2.) Facts of the case, in brief, are that on the basis of secret information received, police of Police Station Khamtarai intercepted the above mentioned vehicle and found 720 quarters of foreign liquor, which was being transported illegally. Aforesaid liquor and the vehicle were seized and one Hemant Dakkhani was arrested by the police. Based on the above facts, Crime No. 160/2021 was registered under Sec. 34(2) of the Chhattisgarh Excise Act, 1915 (for short 'the Act'). On being reported by the Police, the District Magistrate started confiscation proceedings of the vehicle and notice was issued to the petitioner for confiscation of the vehicle. The petitioner, who is claiming himself as the owner of the vehicle, filed application for releasing the vehicle in question on supurdnama, which has been rejected by impugned order dtd. 29/3/2022.

(3.) Learned counsel for the petitioner submits that the petitioner is registered owner of the said vehicle and he is not the accused in the aforesaid crime. It is further submitted that without knowledge of the petitioner, the vehicle was being used by the accused, who is brother of the petitioner. It is next submitted that the vehicle is kept in stationed condition since 9/3/2021, no useful purpose would be served by keeping the vehicle in such condition and without caring the same, being machinery item, by passage of time, it would get damaged. Hence, the same may be handed over to the petitioner on supurdnama.