JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present petition is against the rejection of prayer to handover the custody of the vehicle bearing No. CG-07 AZ-4610, which was involved in the offence under Sections 34 (2) of the C.G. Excise Act.

2. As per the prosecution case, on 01.05.2021 on a secret information received, the Pickup vehicle bearing No. CG-07 AZ-4610 was intercepted and from the vehicle total 15.750 bulk liters of foreign liquor were seized and the case under the Excise Act was registered. During the trial, recommendation was made for confiscation of the vehicle to the Collector and the application for interim custody of the vehicle was filed, which was dismissed by the impugned order dated 24.08.2021. Therefore, the present petition.

3. Learned counsel for the petitioner submits that the confiscation proceeding has not been concluded and during the pendency of the confiscation proceeding, the Collector can give the interim custody of the vehicle and without any reason the custody of the vehicle has been refused and since the vehicle is kept in the open as such it may lose its efficacy.

4. Learned State counsel opposes the argument.

5. Perused the order passed by the Collect