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DEEPAK KUMAR TIWARI
Anil Sen @ Dhananjay S/o. Rajbhan Sen – Appellant
Versus
State of Chhattisgarh, through District Magistrate, District Kabirdham (C. G. ) – Respondent
ORDER :
1. This petition has been filed under Section 482 of the Code of Criminal Procedure by the petitioner being aggrieved with the order dated 9.3.2022 passed in Criminal Revision Case No.16/2021 by the learned Sessions Judge, Kabirdham, whereby, the order dated 27.7.2019 passed under Section 47-B of the CG Excise Act, by the Appellate Court of the Excise Commissioner, Chhattisgarh, Raipur in Appeal Case No.R.E.C.-38/2018-19, was affirmed. By way of the aforesaid order dated 27.7.2019, the Appellate Court has affirmed the order dated 16.1.2019 passed by the Collector, Kabirdham, whereby, the vehicle of the petitioner bearing registration No.MP 18GA 3638, has been confiscated.
2. Brief facts of the case are that on 6.12.2017, on the basis of a secret information, Police Station – Piparia, District Kabirdham, intercepted the vehicles i.e. Mahindra Scorpio and Mahindra Pickup bearing registration Nos. CG 04 CR 7000 and MP 18GA 3638 respectively and on search, illicit liquor was found to be kept in the said vehicles. Thereafter, on account of transportation of illicit liquor in the vehicle bearing registration No. MP 18 GA 3638, Crime No.277/2017 was registered for the offence under
The acquittal of accused in a criminal trial must be considered in confiscation proceedings, protecting property rights under Article 300A.
Premature confiscation of property under the Madhya Pradesh Excise Act is impermissible and may cause irreparable loss.
Confiscation proceedings under the M.P. Excise Act are independent of criminal trials, and an acquittal does not invalidate a confiscation order.
Simultaneous confiscation proceedings cannot be sustained after an acquittal in a criminal case.
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