GOURISHANKAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition is against the order dtd. 26/7/2021 passed by the Collector, Raigarh wherein an application for interim custody of vehicle preferred by the petitioner while the proceeding under the confiscation was continuing was dismissed.

(2.) Facts of this case are that on 31/5/2021 an information was received by the police of Police Station Pusour, District Raigarh that the alleged vehicle i.e. CG-13-U-9126 was being used for transportation of illicit liquor. On such information, raid was conducted and the vehicle when was intercepted, from the vehicle 9.9 liters of liquor was seized. Having asked for the valid documents, no documents pertaining to such liquor was produced, therefore crime bearing No. 103/2021 was registered under Sec. 34(2) of the Chhattisgarh Excise Act, 1915 (for short 'the Act') and the liquor as also the vehicle was seized by the police. It was alleged by the State that the vehicle was being used for transporting illicit liquor as such proceeding under Sec. 47-A(3) of the Act was drawn for confiscation of vehicle. Further the Collector, who is authorised under Sec. 47-A(3) started confiscation proceeding for the vehicle. During such confiscation proceeding, an application was filed by the petitioner for interim custody of the vehicle till the confiscation proceedings are concluded. Said prayer for release of the vehicle for interim custody was dismissed by the order impugned. Therefore, this instant petition.

(3.) Learned counsel for the petitioner would submit that confiscation proceeding though having been commenced it does not put any bar to release the vehicles on interim custody. He placed his reliance upon the decision rendered by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat reported in (2002) 10 SCC 283 and would submit that applying such principle till confiscation proceeding is concluded, the vehicle should have been handed over to the applicant. It is submitted that no necessary useful purpose would be served by keeping the vehicle in the custody except the loss caused to it. It is further submitted that charge sheet having been filed no further enquiry is necessary in respect of criminal case and as such vehicle should have been released in favour of applicant.