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VISHAL DHAGAT
Danish Rayin – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 18.4.2022 contained in Annexure-P/3 passed by respondent No.3/Collector, Chhatarpur (MP) in Case No.123/B121/Excise/2021-22. By impugned order vehicle belonging to petitioner bearing No.MP-16-CB-0502 and 500 quarters of liquor was confiscated.
2. Learned counsel appearing for petitioner submitted that petitioner has preferred an appeal before Commissioner Excise Department, Gwalior. It is submitted that law has been settled by this Court that vehicle cannot be confiscated by Collector so long as criminal case is pending. He places reliance on judgment passed by Single Bench in case of Sheikh Kaleem v. State of Madhya Pradesh in MCRC No.1296/2015 order dated 13.7.2015. In view of same, it is submitted that since law is settled in the matter, therefore, order of Collector be set aside and petitioner may be given vehicle on supurdiginama till criminal case is decided in trial.
3. Learned Government Advocate appearing for State supported the impugned order passed by Collector.
4. Heard the counsel for the parties.
5. Petitioner has placed reliance on an order which has been pas
Premature confiscation of property under the Madhya Pradesh Excise Act is impermissible and may cause irreparable loss.
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.
The Collector can order vehicle confiscation for excise offences without requiring a conviction, distinguishing between commission of an offence and the necessity of a trial outcome.
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