Dharam Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 11721 MP

                                                                                            WP No.19535/2022
                                                                           1

                                            High Court of Madhya Pradesh, Jabalpur
                                                        Bench at Indore

                                                   BEFORE
                                   HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                                                ON THE 6TH OF SEPTEMBER, 2022

                                                       Writ Petition No.19535/2022
                           Between: -
                           Dharam S/o Than Singh,
                           Aged- 35 years, Occupation: Business,
                           Address: Village Baki, Tehsil Kukshi, District Dhar (MP)

                                                                                       .....PETITIONER
                           (By Mr. Ikram Ansari, Advocate)

                           AND
                           The State of Madhya Pradesh,
                           Through Police Station Tanda, District Dhar (MP)

                           Upper Commissioner, Excise Gwalior,
                           Gwalior, District Gwalior (MP)

                           The Superintendent of Police,
                           Dhar, District Dhar (MP)

                           The Collector,
                           Dhar, District Dhar (MP)

                           (State of MP by Ms. Drishti Rawal, Panel Lawyer)
                                                              .....RESPONDENT
                           ...............................................................................................................................

                                    This PETITION coming on for orders this day, the court
                           passed the following:
                                                                        ORDER

By this writ petition under Article 226 of the Constitution of India, the petitioners are seeking the following relief (s): -

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 09-09-2022 16:19:25 WP No.19535/2022

"7. Relief Prayed for: -

This Hon'ble court may be pleased to allow this writ petition and by Issuance of WRIT OF Certiorari / MANDAMUS / Direct- ive / order, order respondents:

a. To quash the impugned order Annexure-P/1 dated 11-08-2021 & P/2 dated 16-12-19 b. Petitioners vehicle Bolero MP-11-G-0893 be re- leased in favor of petitioner c. Pass any other appropriate order as may be deemed fit just & expedient in the interest of justice."

2. The grievance of the petitioner is that his vehicle bearing registration number MP-11 G-0893 has been confiscated under Section 47-A (2) of the Madhya Pradesh Excise Act, 1915 vide order dated 16.10.2018 (Annexure P/2), passed by the Collector, Dhar; and against which, his appeal has also been dismissed on 11.08.2021 (Annexure P/1), by the Additional Commissioner, Excise, Gwalior.

3. The case of the petitioner is that he was tried for an offence under Section 34 (2) of the Madhya Pradesh Excise Act, 1915 registered as Crime No.47/2015 at Police Station Tanda, District Dhar (MP) for transporting illegal liquor in a vehicle bearing registration number MP-11 G-0893. However, he has already been acquitted in the aforesaid case which was registered as Criminal Case No.300671/2015 vide judgment dated 23.05.2022 (Annexure P/3).

4. However, prior to that, the petitioner's vehicle was confiscated on 16.10.2018, by order of the Collector, Dhar; which

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 09-09-2022 16:19:25 WP No.19535/2022

order was also challenged by the petitioner before the Additional Commissioner, Excise, Madhya Pradesh, Gwalior, who has also affirmed the order of the Collector.

5. Counsel has also relied upon a decision rendered by a coordinate bench of this Court in case of Santosh S/o Tulsiram Jaiswal v. The State of Madhya Pradesh & others, Writ Petition No.1037/2016, whereby vide order dated 13.05.2016, this Court has, while relying upon a decision dated 13.07.2015 rendered by this Court in the case of Sheikh Kaleem v. State of MP, Writ Petition No.1296/2015, has set aside the order of confiscation and has directed the respondents to release the vehicle on the ground that confiscation can only take place after the person is convicted.

6. Learned counsel for the respondent / State of Madhya Pradesh, on the other hand, has opposed the prayer. However, the factum of decision rendered by a coordinate bench of this Court is not disputed.

7. On due consideration of the submissions and perusal of documents filed on record, including the order passed by this Court in the case of Santosh S/o Tulsiram Jaiswal (supra), it is found that this Court has already formed an opinion that in case of acquittal, the order of confiscation cannot stand. This Court has no reason to take a different view from the view already taken by the co-ordinate bench of this Court.

8. In view of the same, impugned order dated 16.10.2018 (Annexure P/2) passed by the Collector, Dhar as well as order dated

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 09-09-2022 16:19:25 WP No.19535/2022

11.08.2021 (Annexure P/1) passed by the Additional Commissioner, Excise, Gwalior are hereby set aside; and the respondents are directed to release the said vehicle Zylo Pick-Up bearing registration number MP-11 G-0893 forthwith to the petitioner.

9. With the aforesaid direction, Writ Petition No.19535/2022 stands allowed and disposed of.

(Subodh Abhyankar) Judge Pithawe RC

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 09-09-2022 16:19:25