ORDER

1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, challenging the legality and validity of the order dated 14.6.2021 by which the vehicle of the petitioner MP-09- CZ-5698 has been ordered to be confiscated under Section 47(A)(2) of the M.P. Excise Act, 1915 (hereinafter referred to as ‘the Act’).

2. Facts of the case are that a case under section 34(2) of the Act was registered at Police Station Chandan Nagar, District Indore bearing Crime No.535/2020 against Rahul and two other persons alleging that accused persons were transporting 360 bulk liter country made liquor in the said vehicle. During investigation, a show cause notice was issued to the petitioner being registered owner of the aforesaid vehicle. He had applied for vehicle on Supurdginama before the trial Court. The trial Court dismissed the same vide order dated 2.9.2022 mainly on the ground that an intimation of initiation of proceedings of confiscation was already received from the Magistrate and therefore, in view of the bar under section 47(D) the trial Court could not have passed the order for release of the vehicle against the said order the revision was p