LAWS(CHH)-2023-1-116

STATE OF C.G. Vs. SHAN MOHAMMAD

Decided On January 27, 2023
STATE OF C.G. Appellant
V/S
Shan Mohammad Respondents

JUDGEMENT

(1.) Heard on admission and I.A.No.1, application for grant of stay.

(2.) This writ petition is directed against the order dtd. 5/8/2022 by which the learned Additional Sessions Judge, Rajnandgaon, declined to entertain the revision preferred by the petitioner under Sec. 47(C) of the Chhattisgarh Excise Act, 1915 (for short, "the Act of 1915") and thereby quashed the order of the appellate authority affirming the order of the Collector confiscating the vehicle owned by the petitioner herein.

(3.) Mr. Ashish Tiwari, learned Govt. Advocate with Mr. Sudeep Verma, learned Dy. Govt. Advocate appearing for the petitioners would submit that the learned Additional Sessions Judge is absolutely unjustified in interfering with the concurrent finding recorded by both the authorities confiscating the vehicle in favour of the State by recording finding which is totally perverse to the record, as such, the order impugned is liable to be set aside.