BISALIK SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition is against the order dtd. 5/8/2021 (Annexure P-1) passed by the District Magistrate/Collector, Mahasamund, whereby an application filed by the petitioner for custody of the vehicle was dismissed.

(2.) The brief facts of this case are that it is alleged that a Bolero Pickup Vehicle bearing Registration No. CG-07-BP-3124 was seized in Crime No. 69/2021 for an offence under Sec. 34(2) of the Chhattisgarh Excise (Amendment) Act, 2002 wherein while the vehicle was intercepted, total 8080 liters of illicit liquor was found in the vehicle. Thereby, the offence was registered under Sec. 34(2) of the Chhattisgarh Excise (Amendment) Act, 2002. Subsequently, after seizure, an application was moved by the petitioner before the District Magistrate Mahasamund for temporary supurdnama of the vehicle, however, the same was dismissed. 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 and the confiscation proceeding was initiated as per the Chhattisgarh Excise (Amendment) Act, 2002.

(3.) Learned counsel for the petitioner would submit that till date they have not received any notice of confiscation and even if it is commenced it does not put any bar to release the vehicle 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.