A vehicle can be confiscated under the Excise Act only if it is used in the commission of a crime with the consent or knowledge of the owner.

Heard Sri V. S. Singh, learned Counsel for the revisionist and the learned AGA.

2. This revision is being finally dis posed of at the admission stage.

3. On 4. 9-86 police of Sadar Bazar Jhansi intercepted Ambassador Car No. MP-06-W-40230 from which 25 wooden boxes of English liquor were recovered which were being transported un-authorizedly. A case under Section 60 of the Excise Act was registered. The present revisionist claiming to be the registered owner of the said vehicle prayed for release of the said vehicle. Application for release was rejected. Simultaneously the District Magistrate, Jhansi on the report of S. O. P. S. Sadar Bazar, Jhasi initiated proceeding under Section 72 for confisca tion of the vehicle. The revisionist on notice being issued to him filed his objec tion stating that he is owner of the vehicle. He had come to Jhansi from Gwalior to meet his brother-in-law. The vehicle went out of order and was left at the house of the brother-in-law. On 5-9-96 he read in Newspaper that the vehicle was seized by the police for transporting contraband liq uor. The vehicle was not used by him for transporting the liquor. A plea also ap pears to have been taken that he has no knowledge of the vehicle being used for the said offence nor it was used with his connivance.

4. In support of his objection the. revisionist examined some witnesses. The learned District Magistrate after going through the evidence overruled the objec tion and directed that the vehicle shall be confiscated- till the case pending against the accused persons under Section 60 of the Excise Act is finally disposed of. He also directed that till further orders the vehicle shall remain in custody of police station Sadar Bazar, Jhansi.

5. Appeal was filed against this order before the Sessions Judge, Jhansi and the same was finally disposed of by Vth Addl. Sessions Judge, Jhansi vide judgment and order dated 11-6-97. The appellate Court dismissed the appeal.

6. By the present revision, the revisionist has challenged the order of the learned District Magistrate temporarily confiscating the vehicle as also the order of the appellate Court.

7. There are two submissions of the learned Counsel for the revisionist. First is that the order of temporary confiscation till the disposal of parent case under Sec tion 60 of the Excise Act indicates that the learned District Magistrate was not satis fied that it was a fit case in which confisca tion could be made and secondly that there was no evidence on record to show that the vehicle was used in commission of the crime with the knowledge or connivance of the revisionist. In these circumstances, the vehicle could not have been confiscated. Learned AGA contends that the revisionists evidence has been disbelieved on sufficient grounds and the order of the learned District Magistrate was justified.

8. There is no provisions under the Excise Act authorising the District Magistrate to confiscate the vehicle tem porarily. An order for confiscation is passed on satisfaction of the District Magistrate that the vehicle was used in the commission of the crime under the Excise Act and the person to whom the vehicle belongs, had either actively participated in the offence or the vehicle was used with his connivance or with his consent or he had knowledge about such used of the vehicle and had thus indirectly consented to such use. The revisionist has taken the plea that he is not at all concerned with the commis sion of the crime. He had absolutely no knowledge about the vehicle being used in the commission of the crime. He had also taken the plea that the offence was not committed with his connivance. The learned Magistrate did not give any specific finding in this regard. He simply discussed the evidence adduced the revisionist in support of his plea that the vehicle was left by him with his brother-in-law for getting it repaired. Even if, that evidence is disbelieved, still the vehicle can be confiscated only