DEVKI CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Sec. 482 of the CrPC is directed against the order dtd. 2/5/2022 (Annexure P-1) passed by the Sessions Judge, Mahasamund, in Criminal Revision No.H 10/2022, by which the learned Sessions Judge has dismissed the revision preferred by the petitioner herein under Sec. 47-C of the Chhattisgarh Excise Act, 1915 (hereinafter called as 'the Act of 1915') affirming the order dtd. 7/1/2022 passed by the Excise Commissioner, Raipur in Appeal Case No.R.E.C. 24 /2021-22 and further affirming the order dtd. 2/9/2021 passed by the Collector, Mahasamund in Case No.158/2020 confiscating the vehicle Mahindra Scorpio bearing registration No.C G 04 HX 6509.

(2.) The petitioner's vehicle Mahindra Scorpio bearing registration No.CG 04 HX 6509 was found involved in commission of offence under Sec. 34(2) of the Act of 1915 and consequently, confiscation proceeding was initiated by the Collector, Mahasamund under Sec. 47-A of the Act of 1915 and ultimately, by order dtd. 2/9/2021 the vehicle was directed to be confiscated, which has been affirmed by the Excise Commissioner, Raipur in an appeal preferred by the petitioner by order dtd. 7/1/2022 and by the impugned order, the Sessions Judge, Mahasamund has dismissed the revision preferred by the petitioner affirming the orders of the Collector, Mahsamund and the Excise Commissioner, Raipur.

(3.) Mr.Sanjay Agrawal, learned counsel for the petitioner, would submit that the petitioner is registered owner of the said vehicle and she has only been served with show-cause notice and thereafter the provisions contained in Sec. 47-A (3) (a) to (d) of the Act of 1915 have been followed in its breach. The petitioner has been deprived of making a representation against proposed confiscation and she has not given any opportunity to lead evidence. As such, the impugned order and the orders of the Excise Commissioner and the Collector deserve to be set aside.