RADHA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against order dtd. 3/11/2021 passed by Collector, Satna in case no.147/B/121/2021-22, by which vehicle Bolero four-wheeler bearing registration no. MP19-CA-7483 has been confiscated on the allegation that it was found illegally transporting 34.560 bulk liters of english liquor. Admittedly, the petitioner has not filed an appeal against the said order and has approached this Court directly on the basis of judgment passed by JMFC, Satna on 12/10/2023 in Case No. 483/2021, by which, accused has been acquitted for offence under Sec. 34 (2) of M.P. Excise Act.

(2.) It is submitted by counsel for the petitioner that petitioner is registered owner of the vehicle in question. Driver of the vehicle who was arrested along with vehicle and contraband was tried for offence under Sec. 34 (2) of the M.P. Excise Act and by judgment dtd. 12/10/2023 he has been acquitted, therefore, it is claimed that vehicle in question could not have been confiscated. To buttress his contention, counsel for the petitioner has also relied upon the order passed by a Coordinate Bench of this Court in the case of Amit Thadani vs. State of M.P. and others, decided on 13/10/2023 in W.P.No.25846 / 2023 and Chhotelal Tiwari Vs. State of M.P. and others, decided on 23/1/2024 in M.Cr.C. No.43470/2023.

(3.) Per contra, the petition is vehemently opposed by counsel for the State.