JAGATJIT INDUSTRIES LTD. Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner, a manufacturer of Foreign Liquor and having a bottling plant at village Sejwaya, District Dhar, named and styled as M/s. Great Galeon Limited being aggrieved of the orders dated 9.5.2008, 2.9.2008 and 30.8.2008 has filed this petition under Article 226 of the Constitution of India seeking the quashment of these orders.

(2.) BY order dated 9.5.2008 (Annexure P -7) and 2.9.2008 the respondents No.2 and 3 declined the request of the petitioner to sell 572 boxes of foreign liquor seized by Police Station Rahatgarh and given on Supradnama to the petitioner who deposited the same in the Government Foreign Liquor Warehouse, Sagar, as per order dated 5.5.2008, passed by Sixth Additional Sessions Judge, Fast Track Court, Sagar, in Criminal Revision No.28/2008. Whereas; by order dated 30.8.2008, Collector, Sagar in an Excise Case No.373 -B/121/07 -8 directed the confiscation and sale of seized 562 boxes of foreign liquor and deposit of sale proceeds in Government Treasury.

(3.) THAT in the meantime, Collector, Sagar on the basis of information received vide Superintendent of Police, Sagar, letter dated 30.4.2008, initiated a proceeding for confiscation of the seized article and the intoxicants vide Excise Case No.373 -B/121/07 -8 and passed an order of confiscation dated 30.8.2008. This order is also being challenged on the ground that same has been passed without affording an opportunity of hearing.