KAMTA PRASHAD SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the refusal on the part of the District Collector in entertaining the application for Supurdnama filed by the petitioner seeking custody of his car bearing registration no. C.G.04N.L.4559 i.e. Maruti Ertiga.

(2.) The said vehicle was seized by the State Authorities under the provisions of the Chhattisgarh Excise Act. As on the date of incident i.e. 28/8/2021, the vehicle was said to have been carrying 126 bulk litter of liquor. The vehicle was being driven by Awinash Wadhwa and Rahul Wadhwa. The petitioner is the registered owner of the said vehicle and is said to have handed over the said vehicle to Awinash Wadhawa and Rahul Wadhwa for some private personal purpose when the incident occurred. The Supurdnama application which the petitioner had moved before the JMFC, stood rejected on 8/9/2021. The rejection was on the ground of the specific bar provided under the Act on account of the confiscation proceedings having been initiated. Subsequently, the petitioner moved an appropriate application before the District Collector in the confiscation proceedings who has refused to entertain the said application for grant of Supurdnama vide its order dtd. 18/1/2021 and have proceeded further on the confiscation aspect and notice has been issued to the registered owner i.e. the petitioner.

(3.) Learned counsel for the petitioner submits that it is more than five months that the vehicle is in custody of respondent-authorities and is lying in the open and there is all possibility that the vehicle to get damaged if not used. He further submits that the vehicle is no longer required for the respondents either in the confiscation case or for the matter of the trial under the Excise Act. Counsel for the petitioner undertakes to make available the said vehicle to the respondents as and when required and ordered by the respondents.