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HIGH COURT OF CHHATTISGARH, BILASPUR

WPCR No. 737 of 2021

Vivek Narsinghvani S/o Shri Manoharlal Aged About 27 Years R/o

Sunderganj Khetpara Sihava Chowk, Dhamtari, Thana And Tahsil -

Dhamtari, District - Dhamtari Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary Excise Department,

Mahanadi Bhawan, Capital Complex, Atal Nagar, New Raipur, District

Raipur Chhattisgarh.

2. Collector, Mahasamund, District Mahasamund Chhattisgarh.

3. District Excise Officer Mahasamund, District Mahasamund Chhattisgarh.

---- Respondents

For Petitioner

:

Mr. Sunil Sahu, Advocate

For Respondents/State

:

Mr. Ayaz Naved, Govt. Advocate

Hon'ble Shri Justice Goutam Bhaduri

Order On Board

16.02.2022

Heard.

1.

The present petition is against the rejection of prayer to handover the

custody of the vehicle bearing No.CG-04 HJ-0133, which was involved in

the offence under Sections 34 (2) & 59 of the C.G. Excise Act.

2.

As per the prosecution case, on 25.04.2021 on a secret information

received, the Tata Indica Car bearing No. CG-04 HJ-0133 was intercepted

and from the Car, 144 bottles of country made liquor and 180 ml of foreign

liquor and in one cartoon box 24 pieces of Beer Bottles were recovered,

which were total 37.920 bulk liters and the case under the Excise Act was

registered. During the trial, recommendation was made for confiscation of

the vehicle to the Collector and the application for interim custody of the

vehicle was filed, which was dismissed by the impugned order dated

24.08.2021. Therefore, the present petition.

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3.

Learned counsel for the petitioner submits that the confiscation proceeding

has not been concluded and during the pendency of the confiscation

proceeding, the Collector can give the interim custody of the vehicle and

without any reason the custody of the vehicle has been refused and since

the vehicle is kept in the open as such it may lose its efficacy.

4.

Learned State counsel opposes the argument.

5.

Perused the order passed by the Collector dated 24.08.2021. The order

sheet would reveal that the confiscation proceeding is still pending and the

reply of the parties have not been filed.

6.

The confiscation proceeding under Chhattisgarh Excise Act, 1915 is

governed by Section 47-A of the Act. The section 47 (2) of it regulates the

power and procedure to be adopted for confiscation which reads as under:-

“47 (2) When the Collector, upon production before him of

intoxicants, articles, implements, utensils, materials, conveyance

etc. or on receipt of a report about such seizure as the case may

be, is satisfied that an offence covered by clause (a) or clause (b)

of sub-section (1) of Section 34 has been committed and where

the quantity of liquor found at the time or in the course of detection

of such offence exceeds five bulk liters he may, on the ground to

be recorded in writing, order the confiscation of the intoxicant,

articles, implements, utensils, materials, conveyance etc. so

seized. He may, during the pendency of the proceedings for such

confiscation also pass an order of interim nature for the custody,

disposal etc. of the confiscated intoxicants, articles, implements,

utensils, materials, conveyance etc. as may appear to him to be

necessary in the circumstances of the case.”

7.

Perusal of the sub section-2 would show that power has been given to the

Collector upon production of the article and on having satisfied that offence

covered under the clause (a) or clause (b) of sub-section (1) of Section 34

has been committed and if liquor is more than 5 bulk liters he may order for

confiscation of articles, intoxicants, implements, utensils including the

conveyance so seized. It also records that he may during pendency of the

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proceeding may pass an order of interim nature for custody, disposal etc.

of the confiscated intoxicants, articles, implements, conveyance as may

appear