ORDER :

Vinay Saraf, J.

Petitioner is aggrieved by the order of confiscation passed by the Collector, District Narsinghpur under Section 47 (A)(2) of the M.P.Excise Act, 1915 (hereinafter referred to as 'Act of 1915') on 14.08.2023, whereby the vehicle Mahindra Bolero bearing registration No.MP04-TB-2350 owned by petitioner was ordered to be confiscated. Petitioner has challenged the order of Collector passed under Section 47 (A)(2) of the Act, 1915 by preferring the present writ petition mainly on the ground that the order passed during the pendency of criminal case registered under Section 34 (2) of the Act, 1915 and, therefore the order is without jurisdiction and the same can be assailed in the writ petition.

2.The short facts of the case are that, on 25.01.2023, upon secrete information, Police party stopped and searched vehicle in question Mahindera Bolero driven by Manish Singh Thakur and 35 crates of illicit liquor (315 bulk liters) were found in the vehicle. Police Station Suatala, District Narsinghpur registered Crime No.34/2023 for the offence punishable under Section 34 (2) of the Act, 1915 against respondents No.3 and 4 and after completion of investigation, filed the