RAMESH CHANDRA GURURANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 29.07.2003 passed by Collector, Almora confiscating Maruti Van bearing registration no. DNB 2501 by exercising jurisdiction under Section 72 of the U.P. Excise Act, 1910 and judgment and order dated 26.04.2005 passed by Appellate Authority dismissing the appeal.

(2.) BRIEF facts of the present case, inter alia, are that Maruti Van bearing registration no. DNB 2501 was intercepted by police party of police station Kotwali, Almora headed by Sub Inspector Ramiram at Baldoti Trijunction; Maruti Van was being driven by Sibbal Singh; Nandan Singh and Vijay Singh were also found travelling in the same Maruti Van; during inspection and checking, 40 quarter bottles of IMFL were found in one bag and 40 quarter bottles of IMFL were found in another bag, total 80 quarter bottles of IMFL were found and recovered from the Maruti Van; Maruti Van, wherefrom 80 quarter bottles of IMFL were recovered along with contraband and all the three persons were brought to the police station and thereafter, case crime no. 1851 of 2002 under Section 60 of the Excise Act was registered against Sibbal Singh, driver of the vehicle as well as against Nandan Singh and Vijay Singh, who were found travelling in the same Maruti Van; Sub Inspector Ramiram forwarded his report to the Collector to initiate proceedings under Section 72 of the Excise Act for confiscation of the Maruti Van, in question; having satisfied, prima facie, on the report submitted by Sub Inspector Ramiram, Collector was pleased to issue notices to the petitioner, being owner of the vehicle and to three others to show cause as to why vehicle may not be confiscated under Section 72 (5) (a) of the Act; before the Collector, Sibbal Singh, driver of the vehicle, has filed his reply stating therein he was merely driver of the vehicle and he was not having any knowledge as to what was being carried by the two passengers namely Nandan Singh and Vijay Singh, who were found sitting in Maruti Van; Nandan Singh and Vijay Singh have submitted their reply stating therein they were not carrying any IMFL and the items found in the Maruti Van did not belong to them; petitioner, owner of the vehicle, also filed his reply to the show cause notice stating therein that Maruti Van bearing registration no. DNB 2501 was a private vehicle and Sibbal Singh was engaged by him as driver to drive the Maruti Van, in question. He further submitted that he never authorized Sibbal Singh to transport any liquor therein nor liquor found in the vehicle was being transported with his consent or within his knowledge.

(3.) UNDISPUTEDLY , Nandan Singh and Vijay Singh have confessed their guilt before the learned Magistrate hearing the prosecution case under Section 60 of the Excise Act, it means that transportation of unauthorized 80 quarter bottles of IMFL stands proved.