LAWS(CHH)-2023-1-126

VINOD CHAUHAN Vs. STATE OF CHHATTISGARH

Decided On January 02, 2023
Vinod Chauhan Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Aggrieved by the order dtd. 5/9/2022 passed by the respondent No.2 the instant writ petition has been filed. Vide the impugned order the respondent No.2 has rejected the application filed by the petitioner for releasing his Truck bearing registration No. UP-54/D-4223.

(2.) According to the counsel for the petitioner, the vehicle number has been wrongly got typed in the impugned order as "UP-54/D-4243" whereas it is in fact "UP-54/D-4223". The said vehicle was seized by the Excise Department for unauthorizedly transporting 5093.88 bulk liter of foreign liquor. The seizure was made as early as on 20/7/2021 since then the vehicle is in possession of the Excise Department. Meanwhile, the respondent authorities have also initiated confiscation proceedings under the Excise Act in respect of the said vehicle involved with the illegal transportation of the liquor.

(3.) The petitioner herein is also a co-accused in the criminal case that was initiated pursuant to the seizure of the said vehicle and the criminal case is pending consideration before the J.M.F.C., Jagdalpur. Learned counsel for the petitioner submits that he has moved an application for releasing of the vehicle on Supurdnama, which stood rejected vide the impugned order dtd. 5/9/2022, against which the present writ petition has been filed.