DANISH RAYIN Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dtd. 18/4/2022 contained in Annexure-P/3 passed by respondent No.3/Collector, Chhatarpur (MP) in Case No.123/B121/Excise/2021-22. By impugned order vehicle belonging to petitioner bearing No.MP-16-CB-0502 and 500 quarters of liquor was confiscated.

(2.) Learned counsel appearing for petitioner submitted that petitioner has preferred an appeal before Commissioner Excise Department, Gwalior. It is submitted that law has been settled by this Court that vehicle cannot be confiscated by Collector so long as criminal case is pending. He places reliance on judgment passed by Single Bench in case of Sheikh Kaleem v. State of Madhya Pradesh in MCRC No.1296/2015 order dtd. 13/7/2015. In view of same, it is submitted that since law is settled in the matter, therefore, order of Collector be set aside and petitioner may be given vehicle on supurdiginama till criminal case is decided in trial.

(3.) Learned Government Advocate appearing for State supported the impugned order passed by Collector.