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2022 Supreme(Chh) 51

P.SAM KOSHY
Kamta Prashad Sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Pawan Kesharwani, Advocate
For the Respondent: Sameeksha Gupta, P.L.

JUDGMENT :

P. SAM KOSHY, J.

1. Aggrieved by the refusal on the part of the District Collector in entertaining the application for Supurdnama filed by the petitioner seeking custody of his car bearing registration no. C.G.04N.L.4559 i.e. Maruti Ertiga.

2. The said vehicle was seized by the State Authorities under the provisions of the Chhattisgarh Excise Act. As on the date of incident i.e. 28.08.2021, the vehicle was said to have been carrying 126 bulk litter of liquor. The vehicle was being driven by Awinash Wadhwa and Rahul Wadhwa. The petitioner is the registered owner of the said vehicle and is said to have handed over the said vehicle to Awinash Wadhawa and Rahul Wadhwa for some private personal purpose when the incident occurred. The Supurdnama application which the petitioner had moved before the JMFC, stood rejected on 08.09.2021. The rejection was on the ground of the specific bar provided under the Act on account of the confiscation proceedings having been initiated. Subsequently, the petitioner moved an appropriate application before the District Collector in the confiscation proceedings who has refused to entertain the said application for grant of Supurdnama vide its orde

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