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P. SAM KOSHY
Vinod Chauhan S/o. Rajpat Sethiya – Appellant
Versus
State of Chhattisgarh, Through Secretary Police Department – Respondent
ORDER :
1. Aggrieved by the order dated 05.09.2022 passed by the respondent No.2 the instant writ petition has been filed. Vide the impugned order the respondent No.2 has rejected the application filed by the petitioner for releasing his Truck bearing registration No. UP-54/D-4223.
2. According to the counsel for the petitioner, the vehicle number has been wrongly got typed in the impugned order as “UP-54/D-4243” whereas it is in fact “UP-54/D-4223”. The said vehicle was seized by the Excise Department for unauthorizedly transporting 5093.88 bulk liter of foreign liquor. The seizure was made as early as on 20.07.2021 since then the vehicle is in possession of the Excise Department. Meanwhile, the respondent authorities have also initiated confiscation proceedings under the Excise Act in respect of the said vehicle involved with the illegal transportation of the liquor.
3. The petitioner herein is also a co-accused in the criminal case that was initiated pursuant to the seizure of the said vehicle and the criminal case is pending consideration before the J.M.F.C., Jagdalpur. Learned counsel for the petitioner submits that he has moved an application for releasing of the vehicle on Su
The expeditious and judicious exercise of powers under Section 451 CrPC for releasing seized vehicles and preventing their decay in custody.
The court reiterated the principle of timely release of seized vehicles to prevent deterioration and loss, based on absence of charges against the petitioner.
The court can allow the release of seized vehicles to the owner upon furnishing a bank guarantee, relying on relevant legal precedents.
The court can allow the release of seized vehicles on supardaginama upon furnishing a bank guarantee, relying on relevant legal precedents.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
Prolonged custody of seized vehicles can cause decay; courts should allow their release under conditions.
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