BHASKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India, challenging the legality and validity of the order dtd. 14/6/2021 by which the vehicle of the petitioner MP-09- CZ-5698 has been ordered to be confiscated under Sec. 47(A)(2) of the M.P. Excise Act, 1915 (hereinafter referred to as 'the Act').

(2.) Facts of the case are that a case under Sec. 34(2) of the Act was registered at Police Station Chandan Nagar, District Indore bearing Crime No.535/2020 against Rahul and two other persons alleging that accused persons were transporting 360 bulk liter country made liquor in the said vehicle. During investigation, a show cause notice was issued to the petitioner being registered owner of the aforesaid vehicle. He had applied for vehicle on Supurdginama before the trial Court. The trial Court dismissed the same vide order dtd. 2/9/2022 mainly on the ground that an intimation of initiation of proceedings of confiscation was already received from the Magistrate and therefore, in view of the bar under Sec. 47(D) the trial Court could not have passed the order for release of the vehicle against the said order the revision was preferred which was dismissed. However, the same order was challenged before this Court in M.Cr.C. No.37732/2020 (Bhaskar Sonane V. State of M.P.) and the same was dismissed on 28/1/2021.

(3.) Learned counsel for the petitioner submits that during the pendency of the trial, the Collector has passed the impugned order of confiscation dtd. 14/6/2021 contrary to the provisions of Sec. 47(A)(2) of Excise Act. It is argued that during the pendency of the trial, the Collector cannot pass an order for confiscation. In support of his submission, he has placed reliance on orders passed by Coordinate Bench in the case of Sheikh Kalim Vs. State of M.P. passed in M.Cr.C. No.1296/2015, Suresh Vs. State of M.P. and Others(W.P. No.19528/2022 ) order dtd. 11/5/2023, Aman Vs. State of M.P. and Others (W.P. No.12666/2023) vide order dtd. 14/06/2023 and also in the case of Akash Raikwar Vs. State of M.P and Others (W.P. No.18178/2023) vide order dtd. 28/7/2023.