PANKESH Vs. COLLECTOR

JUDGEMENT

(1.) The petitioner has filed present petition under Article 226 of the Constitution of India being aggrieved by the impugned order dtd. 03/01/2023 passed by the Collector, District Barwani (M.P.) under sub- Sec. 2 of Sec. 47(A) of the M. P. Excise Act, 1915 (hereinafter referred to as 'the Act'), whereby the motorcycle bearing registration number MP-46-MV-4471 owned by the present petitioner has been confiscated on account of involvement in a criminal case registered under Sec. 34 of the Act.

(2.) Brief facts of the case are that the petitioner was tried under Sec. 34 of the Act by the Chief Judicial Magistrate, Barwani (M.P.) and upon receiving information the Collector, Barwani initiated proceeding under Sec. 47(A) of the Act for confiscation of the vehicle from which 60 bulk litres country made liquor was seized. The Collector after hearing both the parties, on the basis of prima facie evidence available on record, has passed the impugned order for confiscation of the aforesaid vehicle. Being aggrieved by the said order, petitioner has filed this writ petition.

(3.) The petitioner has preferred present writ petition mainly on the ground that Collector has no jurisdiction under sub-sec. 2 of Sec. 47(A) of the Act to pass an order of confiscation during the pendency of the trial before the criminal Court.