SANJAY LAHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Cr.P.C. for releasing the Vehicle i.e motorcycle CD Deluxe bearing registration No. CG 10 EL 6735, which has been seized by the Police Station Jarhagaon, District Mungeli (C.G.) in Crime No.197/2022 for the offence under Ss. 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915 (for short 'the Act of 1915 ') and confiscated by the order of the Collector, District Mungeli in E-Court No.202209250600016/B-121/2021-22 on Supurdnama.

(2.) Learned counsel for the Petitioner submits that the Petitioner is the owner of the said vehicle and used the same for his personal work. He further submits that on 14/8/2022, the police officers of PS Jarhagaon have seized 14.94 bulk liters of country made liquor from the said vehicle, which was driven by accused Kanhaiya Sonwani and by way of the impugned order, the said vehicle was confiscated and therefore, the Petitioner has preferred an application for releasing the same on supurdnanma, which was disallowed. He further submits that the order impugned is bad in law as the trial has not been concluded, therefore, the said vehicle may be released on supurdnama till final disposal of the trial.

(3.) On the contrary, Shri Verma submits that there is a remedy of Appeal against the order passed by the Collector, which is provided under Sec. 47-B of the Act of 1915, therefore, the instant Petition is not tenable and the same deserves to be dismissed.