PAVAN KUMAR KHUNTE Vs. STATE OF C.G.

JUDGEMENT

(1.) This petition under Sec. 528 of the BNSS, 2023 is directed against the order dtd. 21/10/2024 (Annexure P-1) passed by the learned District Magistrate (Collector), District- SarangarhBilaigarh (C.G.).

(2.) Brief facts of the case is that the petitioner is the owner of two wheeler vehicle having registration no. CG 22 U 6410 which was duly purchased by the petitioner and the petitioner is having all the necessary documents of the vehicle. On 19/4/2022, the Police Station Bhatgaon District Sarangarh-Bilaigarh (C.G.) received secret information that the applicant was transporting illicit liquor on his two wheeler having registration no. CG 22 U 6410. On the basis of said information the police has conducted a raid and have seized total 5400 bulk litre illicit liquor and said vehicle from the possession of the petitioner herein. The petitioner on receiving show cause notice of confiscation issued by the Collector on 1/8/2024 entered his appearance and submitted an application for Supurdnama, but the application for Supurdnama was dismissed by the Collector vide order dtd. 21/10/2024 which is against the settled principles of law.

(3.) Learned counsel for the petitioner contended that Sec. 47-A(2) of the C.G. Excise Act very specifically hold that firstly the Collector has to be satisfied that the offence covered under the act has been committed and this satisfaction can only be reached after the order of conviction by the trial court. He further contended that as per the order sheet dtd. 6/6/2023 the present applicant has already submitted a copy of the judgment dtd. 5/6/2023 passed by the JMFC, Bhatgaon DistrictSarangarh Bilaigarh (C.G.) in connection with Crime No. 64/2022 and acquitted from all the false allegation which was framed against the applicant.