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VIVEK AGARWAL
MADDURI NAGENDRA – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. order of confiscation without trial pending. (Para 1) |
| 2. arguments regarding existing precedents and alternative remedies. (Para 2 , 3 , 4) |
| 3. court's reasoning on interpretation of laws. (Para 5 , 6 , 7 , 8) |
| 4. dismissal of the petition. (Para 9) |
ORDER :
1. This petition is filed being aggrieved of the order dated 6-6-2023 passed by the Court of Additional Collector, District Khandwa in Excise Case No. 132/B-121/2020-2021 on the ground that Collector/Additional Collector could not have ordered for confiscation of the vehicle used in commission of an excise offence without there being pendency of the trial before the Criminal Court.
2. In support reliance is placed by Shri Anubhav Singhal, learned counsel for the petitioner on a judgment of a Coordinate Bench in the High Court of Madhya Pradesh at Indore in W. P. No. 19528/2022 decided on 11-5-2023 wherein in Para 9 Hon’ble Coordinate Bench has mentioned as under:
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.
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.
Confiscation proceedings under the M.P. Excise Act are independent of criminal trials, and an acquittal does not invalidate a confiscation order.
Premature confiscation of property under the Madhya Pradesh Excise Act is impermissible and may cause irreparable loss.
The acquittal of accused in a criminal trial must be considered in confiscation proceedings, protecting property rights under Article 300A.
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