Satyabhan Singh vs State Of U. P. - 2023 Supreme(All) 721

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 721

IN THE HIGH COURT OF ALLAHABAD
RAM MANOHAR NARAYAN MISHRA, J.
Satyabhan Singh – Appellant
Versus
State Of U.P. And Others – Respondents
Matters Under Article 227 No.10928 of 2022
Decided on : 31-01-2023

Advocates:
Advocate Appeared:
For the Appellant : Ashutosh Singh
For the Respondent: G.A.

Headnote:
Constitution of India, 1950 - Article 227 - U.P. Excise Act, 1910 - Section 72, (8), 62, 63 – Indian Penal Code, 1860 - Sections 420, 120B - General Clauses Act, 1897 - Section 3(17) – Criminal Procedure Code, 1973 - Section 457 - Delhi Excise Act 2009 - Smuggling of liquor - Order of confiscation of truck seized - By impugned order learned A.D.M (F&R) has passed an order of confiscation of truck seized by police - Held, If owner/petitioner was not found on spot along with when vehicle was seized in presence of co-accused, principle of vicarious liability will apply to this police case as vehicle was operated by driver at time of incident who was not owner - Petitioner has failed to prove fact before Court below that vehicle was transported with illicit liquor without knowledge or connivance except stand taken by him that he was not aware about day to day movement of vehicle as same was operated by driver on a fix rate paid to him on monthly basis - Petitioner has become entirely deprived of his vehicle by impugned order and if vehicle has not been auctioned yet, collector will afford him an opportunity to deposit market price of vehicle as determined by ARTO concerned in lieu of confiscation and if he does so, vehicle will be released in his favour and amount deposited by him in lieu of confiscation will lie in custody of Government subject to provisions of sub-Section 8 of Section 72 - Writ Petition Dismissed.

JUDGMENT :

1. Heard learned counsel for the petitioner Shri Ashutosh Singh and learned A.G.A. for the State.

2. Instant criminal Misc. petition under Article 227 of the Constitution of India has been filed by the petitioner to set aside the order dated 30.05.2022 passed by learned District Judge, Mathura in Civil Appeal No. 25 of 2020 (Satyabhan Vs. District Magistrate and another) as well as order dated 17.01.2019 passed by Additional District Magistrate (F&R), Mathura in Case No. 01798 of 2018 (Satyabhan Vs. State) under Section 72 U.P. Excise Act, 1910 otherwise petitioner shall suffer irreparable loss. By the impugned order dated 17.01.2019, learned A.D.M (F&R) has passed an order of confiscation of the truck bearing registration No. HR 67 B 1888 seized by police under Sections 60/72 Excise Act under Crime No. 382/2017 under Sections 420, 120B I.P.C.

3. Learned ADM (F&R) has directed auction of said vehicle and sale proceeds be deposited with Government treasury in criminal head, and also given an option to vehicle owner to deposit the current price of vehicle as ascertained by R.T.O.

4. Feeling aggrieved by the said confiscation order passed by learned ADM (F&R), the petitioner/owner of vehicle preferred a civil appeal under Section 72 Excise Act, before District Judge, Mathura who dismissed the appeal and affirmed the impugned order passed by learned ADM (F&R). The factual matrix of the case in brief are that the informant Excise Inspector, during his course of duty received an information on 22.09.2017 that a truck of Ashok Leyland bearing registration No. HR 67 B 1888 was likely to pass through Laxminagar crossing Mathura which is loaded with cartons of illicit liquor. The informant laid a trap placing reliance on said information with assistance of his colleagues and intercepted the said truck, however, the truck driver tried to run away by stepping down from the truck, but he was caught by one Excise Constable at around 1900 hours and another person who was sitting beside the driver in the cabin of the truck was also caught by team of excise officials in the process of escape. The arrested person disclosed their name as Vinod (Driver) and Parmendra. On searching the truck 100 cartons of Royal Stag brand classic whisky bottles and 40 half bottles of Royal Stag were found. The wrappers of said bottles displayed that "For Sale in Haryana Only". The papers of the truck were seized from dashboard of the vehicle which revealed that Satyawan s/o Ram Singh resident of Risalu, Panipat was registered as owner of the vehicle. The intensity of the seized liquor was tested on spot by breaking open the seal of three bottles which were separately sealed as sample. The cartons consisted 1200 full and 960 half bottles of whisky.

5. As said truck was caught on the charge of in the inter-state smuggling of the liquor, a report was made by S.S.P. Mathura on 31.10.2017 to District Magistrate for initiating confiscation proceedings under Section 72 Excise Act, according to rules, a suo moto notice was issued on 6.11.2017 to the petitioner and service of notice on petitioner was held to be sufficient and an ex-parte confiscation order was passed on 22.11.2017. However, same was recalled on application of petitioner and after affording him an opportunity of hearing the impugned order for confiscation of vehicle was passed by ADM(F&R) on 17.01.2019 and civil appeal against that order was dismissed by District Judge on 30.05.2022.

6. Learned District Judge placing reliance on observations of Apex Court in Mustafa Vs. State of Uttar Pradesh and others, C.A. No. 6418/ 2019 (SC), (GNTC of Delhi) Vs. Narender (2014) 13 SCC, 100 and Ved Prakash Vs. Uttar Pradesh 1987 AWC 167, Virendra Gupta Vs. State Criminal Revision No. 2177 of 2018 decided by this Court that the case law cited by learned counsel for the appellant is not applicable to the facts of the case as the alleged vehicle was carrying the illegal liquors seized by Excise officials and was invol