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GURPAL SINGH AHLUWALIA
Radha Gupta W/o Shri Dinesh Prasad Gupta – Appellant
Versus
State Of Madhya Pradesh Through Principal Secretary Home Department Vallabh Bhawan, Bhopal (Madhya Pradesh) – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed against order dated 3.11.2021 passed by Collector, Satna in case no.147/B/121/2021-22, by which vehicle Bolero four-wheeler bearing registration no. MP19-CA-7483 has been confiscated on the allegation that it was found illegally transporting 34.560 bulk liters of english liquor. Admittedly, the petitioner has not filed an appeal against the said order and has approached this Court directly on the basis of judgment passed by JMFC, Satna on 12.10.2023 in Case No. 483/2021, by which, accused has been acquitted for offence under Section 34 (2) of M.P. Excise Act.
2. It is submitted by counsel for the petitioner that petitioner is registered owner of the vehicle in question. Driver of the vehicle who was arrested along with vehicle and contraband was tried for offence under Section 34 (2) of the M.P. Excise Act and by judgment dated 12.10.2023 he has been acquitted, therefore, it is claimed that vehicle in question could not have been confiscated. To buttress his contention, counsel for the petitioner has also relied upon the order passed by a Coordinate Bench of this Court in the case of Amit Thadani v
Confiscation proceedings under the M.P. Excise Act are independent of criminal trials, and an acquittal does not invalidate a confiscation order.
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 of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
The court held that evidence must sufficiently establish vehicle involvement in offences, and the claimant must prove no knowledge or participation in illegal activities for release from confiscation....
Confiscation of a vehicle under the Odisha Excise Act requires evidence of its involvement in an offence, and procedural fairness must be upheld, allowing the petitioner an opportunity to prove lack ....
Premature confiscation of property under the Madhya Pradesh Excise Act is impermissible and may cause irreparable loss.
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