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CHHATTISGARH HIGH COURT
Not mentioned, Not mentioned
Devki Chandrakar v. State of Chhattisgarh
| Table of Content |
|---|
| 1. overview of the confiscation proceeding. (Para 1 , 2) |
| 2. arguments regarding the denial of rights. (Para 3 , 4) |
| 3. discussion on statutory compliance for confiscation. (Para 6 , 8 , 19) |
| 4. importance of notice and hearing as due process. (Para 9 , 10 , 11 , 12) |
| 5. final decision to annul the confiscation. (Para 21 , 22) |
1. This petition under S.482 of the CrPC is directed against the order dated 2.5.2022 (Annexure P - 1) passed by the Sessions Judge, Mahasamund, in Criminal Revision No.H 10/2022, by which the learned Sessions Judge has dismissed the revision preferred by the petitioner herein under S.47 - C of the Chhattisgarh Excise Act, 1915 (hereinafter called as 'the Act of 1915') affirming the order dated 7.1.2022 passed by the Excise Commissioner, Raipur in Appeal Case No.R.E.C. 24 / 2021-22 and further affirming the order dated 2.9.2021 passed by the Collector, Mahasamund in Case No. 158/2020 confiscating the vehicle Mahindra Scorpio bearing registration No.C G 04 HX 6509.
2. The petitioner's vehicle Mahindra Scorpio bearing registration No.CG 04 HX 6509 was found involved in commission of offence under S.34(2) of the Act of 1915 and consequently, confiscation
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