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HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
Umashankar Soni S/o Murari Prasad Soni – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. Challenge in this petition is to the order dated 15.02.2023 (Annexure P-5) passed in Criminal Revision No.33/2022 by which learned Additional Sessions Judge (FTC), Kawardha, Distt -Kabirdham (CG) affirmed the order of the Excise Commissioner, Raipur dated 18.11.2022 passed in Appeal Case No. REC -09/2022-23 by which learned Commissioner has affirmed the order of the Collector/District Magistrate dated 05.04.2022, whereby vehicle of the petitioner has been confiscated under Section 47-B read with Section 62(2) (c) under the Chhattisgarh (Amendment) Excise Act , (for short, ‘Excise Act’).
2. As per prosecution story, on 30.04.2021, the Excise Sub-Inspector during checking at Chilpi has intercepted the vehicle Mahendra bolero Pickup bearing No.CG-07-BC-8006 in which the accused persons namely Sumit Soni and Ravi Sinha were traveling. During search, 07 liter illegal country made liquor has been seized from the said vehicle. Based upon recovery, offence/crime for offence under Section 34(1) A & 34 (2) of Excise Act has been registered against them. Vehicle in question has been seized. Necessary inquiry has been initiated ie search Panchnama enquiry, seiz
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.
The court upheld the confiscation of a vehicle used for illicit liquor transport but modified the penalty to Rs. 3,00,000, affirming the importance of evidence over a lack of criminal antecedents.
The court held that failure to comply with statutory requirements for notice and opportunity to contest confiscation renders the order invalid, violating principles of natural justice.
The court held that confiscation of a vehicle for alleged liquor transportation requires evidence of unlawful importation knowledge, emphasizing the need for discretion in such proceedings.
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