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2022 Supreme(Online)(Chh) 1690

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J.
Omkar Prasad Agrawal v. State of Chhattisgarh and Another


Table of Content
1. petition challenging confiscation order. (Para 1 , 2)
2. arguments on interim custody assessment. (Para 3 , 4)
3. court's observations on cryptic orders. (Para 5 , 8 , 9)
4. analysis of statutory provisions. (Para 6 , 7)
5. final ruling and conditions for custody. (Para 10 , 11)

1. The present petition is against the order dated 7-9-2021 passed by the Collector, Mahasamund wherein an application for interim custody of vehicle preferred by the petitioner while the proceeding under the confiscation was continuing was dismissed.

2. Facts of this case are that on 29-4-2021 an information was received by the police of Police Station Singhoda, District Mahasamund that the alleged vehicle i.e. CG - 06 - GL - 8055 was being used for transportation of illicit liquor. On such information, raid was conducted and the vehicle when was intercepted, from the vehicle 43.800 bulk liters of foreign liquor was recovered. Having asked for the valid documents, no documents pertaining to such liquor was produced, therefore crime bearing No.33/2021 was registered under S.34(2) of the Chhattisgarh Excise Act, 1915 (for short 'the Act') and the liquor as also the vehicle was seized by the po













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