ORDER :

Mr. A. D. Mishra, learned counsel for the petitioner. Ms. Puneet Shroti, learned penal lawyer for the respondent-State. Heard.

2. The brief facts, just necessary for disposal of this petition, are that the petitioner-Rajkumar @ Pillu Patel was arrested on 1-5-2013 in connection with Crime No. 142/2013 registered at Police Station- Bahoriband, District Katni for the offense under section 34(2) of Excise Act for allegedly possessing and transportation of illicit liquor, 495 pouches of country make and 91 pouches of English liquor, quantified as 105 liters.

3. After affording an opportunity to the petitioner, the District Magistrate, Katni vide order dated 2-9-2013 confiscated the vehicle which was used for transportation of illicit liquor, without having any valid licence. This order was challenged before the Commissioner, Jabalpur under section 47-B of Excise Act, 1915. The Commissioner, Jabalpur vide order dated 5-11-2013 affirmed the order passed the District Magistrate, Katni stating that the order passed by the District Magistrate does not suffer from any illegality and, therefore, no interference is called for. The petitioner preferred Criminal Revision No. 167/2014 before