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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J.
Ranjit Singh S/o Nirmal Singh Rana - Petitioner
Versus
State Of
CRMP No. 1052 of 2022
Decided On :
(A) Chhattisgarh Excise Act, 1915 - Sections 47 and 47-A - Criminal Procedure Code, 1973 - Section 482 - Confiscation of vehicle for illicit liquor transportation - The Collector's order for confiscation was set aside due to non-compliance with mandatory provisions of notice and opportunity to be heard as per Section 47-A(3)(c) and (d) - The petitioner was not given the material collected for confiscation nor an opportunity to make a representation, violating principles of natural justice. (Paras 30-35)
(B) Natural Justice - The principles of natural justice require that a person affected by a decision must be given an opportunity to present their case and be informed of the evidence against them. (Paras 21-22)
(C) Judicial Review - The court emphasized that orders involving confiscation must strictly adhere to statutory requirements to avoid arbitrary deprivation of property. (Paras 29-30)
Facts of the case:
The petitioner challenged the confiscation of his vehicle, which was seized while allegedly transporting illicit liquor. The Collector's order was based on evidence from an Excise Officer, but the petitioner claimed he was not given a fair opportunity to contest the confiscation.
Findings of Court:
The court found that the Collector failed to comply with the statutory requirements of providing notice and an opportunity to be heard, rendering the confiscation order invalid.
Issues: The main issues were whether the statutory requirements for confiscation were met and if the petitioner was afforded a fair opportunity to contest the confiscation.
Ratio Decidendi: The court ruled that the failure to provide notice and an opportunity to contest the confiscation violated the principles of natural justice, necessitating the quashing of the confiscation order.
Result: The petition is allowed, and the confiscation order is set aside.
Order :
(Arvind Kumar Verma, J.)
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner being aggrieved by the order dated 03.06.2022 (ANNEXURE A-1), passed by the learned Sessions Judge, Kawardha, District Kabirdham (C.G.) in Criminal Revision No.06/2022, arising out of the order passed by the learned Excise Commissioner, Chhattisgarh, Raipur in an Appeal Case No. R.E.C/-20/2020-21 vide order dated 24.07.2021 (wrongly mentioned as 02.12.2019 in the impugned order) filed by the applicant under section 47-B of Chhattisgarh Excise Act, 1915 against the order dated 28.01.2021 passed by the learned Collector, Kabirdham, District Kabirdham (C.G.) in Case No. B-121 Year 2019-20, the present petitioner prefers instant application under Section 482 of Cr.P.C . on the following facts and grounds:
2. The case of the prosecution in brief is that on 19.04.2020, the Excise Sub-Inspector received secret information in Excise Circle Kawardha, District Kabirdham (C.G.) that a truck bearing registration No. PB-65- AV-1121 is standing in front of a Dhaba in village Harinchhapra and his driver is selling Goa Whisky. On that basis, the Excise Sub-Inspector alongwith staff reached the spot after some formalities and a home guard was sent with a hundred rupees note to the vehicle for purchasing a quarter of Goa spirit smoothness whisky and just after the same purchasing the Excise Sub-Inspector alongwith staff took the accused Nasib Singh in custody and from his possession total 6907.14 bulk liter of Goa spirit smoothness whisky kept in 800 cartons. A notice under Section 91 was given to the accused regarding permission of transporting the liquor which was given to the Excise Sub-Inspector which was seized by him and as per the documents the permit for export of foreign liquor was issued by Madhya Pradesh Excise permitting the Great Galleon Ventures Limited, Sejwaya, Dhar holder of license to export foreign liquor from his licensed premises at Sejwaya to the Ware House situated at M/s. North East Liquors, Bhalukpong, District West Kameng (Arunanchal Pradesh) and the license was valid from 19.03.2020 to 06.04.2020. The Excise Sub-Inspector due to expiry of the permit and illegal selling of the Goa Whisky by the present applicant arrested and offence under Section 34(1)(a)(b), 34(2) & 59-A of Chhattisgarh Excise Act was registered against the accused Nasib Singh.
3. The charge-sheet has been filed against the co-accused in which it is requested for permission to submit supplementary charge-sheet against other co-accused persons involved in the crime in question.
4. The accused persons of this case namely Nasib Singh and Ranjeet Singh were granted regular bail and anticipatory bail respectively by the High Court of Chhattisgarh vide order dated 17.11.2020 and 31.03.2021 in M.Cr.C. No. 3345/2020 & M.Cr.C.(A) No. 388/2021 respectively.
5. The District Excise Officer, Kawardha, District-Kabirdham sent a letter/report bearing no.-/Ex./AP./2020/654 dated 21.04.2020 to the Collector for confiscation of the vehicle Container Tata Truck bearing registration no. P.B.-65-AV-1121 and liquor seized by the Excise Sub- Inspector, Excise Circle Kawardha, District Kabirdham (C.G.) in connection with Crime No. 12/2020, which was seized from the driver of the vehicle Nasib Singh.
6. The learned Collector sent an information to the learned Chief Judicial Magistrate, Kawardha, regarding initiation of proceeding for confiscation of the aforesaid vehicle container truck on the basis of report of Excise Circle Kawardha, District - Kabirdham (C.G.) and a show cause notice was also issued to the present applicant as he is the registered owner of the vehicle.
7. The reply to the show cause notice filed by the present applicant was rejected and an application for Supurdnama was also rejected and thereafter, the prosecution witnesses were called.
8. The statements of three prosecution witnesses namely Nitin Khanduja, Assist
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.
Confiscation under S.47-A of the Chhattisgarh Excise Act mandates notice and hearing, failure of which invalidates the seizure.
Confiscation orders under the M.P. Excise Act can be issued despite ongoing criminal trials, necessitating a reference to a Larger Bench due to conflicting opinions among Coordinate Benches.
Provisions in Section 67B of the Act operate independent of Section 67C, it is not to be taken that when an owner does not invoke the provision in Section 67C, there should be confiscation under Sect....
A court maintains jurisdiction to decide on the interim custody of seized property unless given proper notice of confiscation proceedings, as outlined in related statutes.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
The court can allow the release of a seized vehicle on conditions despite ongoing confiscation proceedings if initial proceedings were not timely initiated.
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