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HIGH COURT OF CHHATTISGARH, BILASPUR

WPCR No. 803 of 2021

T. Vinod Kumar S/o Late Shri T. Keshav Rao Aged About 38 Years R/o Ward

No. 34, Kranti Market, Sector-11, Zone-3 Khursipar Bhilai, District Durg,

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. Ghanshyam Patel, 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-07 AZ-4610, which was involved in

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

2.

As per the prosecution case, on 01.05.2021 on a secret information

received, the Pickup vehicle bearing No. CG-07 AZ-4610 was intercepted

and from the vehicle total 15.750 bulk liters of foreign liquor were seized 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

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

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

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

appear to be necessary in the facts of this case.

8.

Section 47 (B) of Chhattisgarh Excise Act, 1915 provides for appeal against

the order of confis