CHANDA YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The brief facts of this case are that on 18/4/2021 on an information received, the vehicle bearing No. CG-13 AM 1037 was intercepted and from the vehicle illicit liquor to the extent of 20 liters were seized. Therefore, the case 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 who is owner of the vehicle to release the vehicle and interim custody of the vehicle was sought for, which was dismissed. 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 Vs. 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.