DINESH MEWADA Vs. SHRIMAAN COLLECTOR MAHODAY COLLECTOR

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India the petitioner has challenged the order dtd. 26/3/2024 passed by the Collector, District Shajapur whereby his vehicle bearing registration No.MP-14-CC-0774 has been directed to be confiscated.

(2.) The petitioner is facing prosecution for an offence punishable under Sec. 34(2) of the Indian Excise Act on the allegation that on 26/6/2023 total 99 liter of plain country made liquor was found being transported in the said vehicle without a valid license.

(3.) It is pointed out by the learned counsel for the petitioner that earlier by order dtd. 12/7/2023 the Court of Judicial Magistrate, First Class, Shujalpur, District Shajapur had itself granted interim custody of the vehicle in question to the petitioner. The said order is still in force. It is further submitted that the trial is still pending and no finding therein has been recorded as regards the guilt of the petitioner. It has already been settled by this Court in numerous decisions that a vehicle which is allegedly involved in an offence punishable under the provisions of the Excise Act cannot be confiscated until and unless a finding of guilt against the accused is recorded by the Court. In the present matter also the trial is still very much pending before the Court and no finding has been recorded as regards guilt of the petitioner. Moreover the order of the Court itself granting interim custody to the petitioner is still in force. In such circumstances, the Collector, District Shajapur was wholly unjustified in continuing with the proceedings against the petitioner for confiscation of his vehicle and consequently passing the impugned order.