1 2025:CGHC:11690-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 136 of 2025 Vinod Pansari S/o Shri Kaushal Pansari Aged About 42 Years R/o Village Bhainsa, Police Station Kharora, Distt Raipur (C.G.) ... Petitioner(s) versus 1 - The Collector Raipur, District Raipur (C.G.) 2 - The Sr. Superintendent Of Police, Raipur, District Raipur (C.G.) 3 - The Station House Officer, Police Station Kharora, Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pushpendra Kumar Patel, Advocate For Respondent(s) : Mr. S.S. Baghel, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 10.03.2025 1. Heard Mr. Pushpendra Kumar Patel, learned counsel for the MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.11 10:52:17 +0530 2 petitioner. Also heard Mr. S.S. Baghel, learned Panel Lawyer for respondent / State. 2. The present petition has been filed seeking following relief(s):- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to set-aside the impugned order dated 06.01.2025 (ANNEXURE P-1), passed by the Respondent No.01 (Collector, Raipur) in Revenue Case No. 403/B- 121/2022-23 "State of Chhattisgarh Vs. Vinod Pansari", with regard to confiscation of I-20 Car No. (C.G.).-06- GD-1100, in the interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioners, in the interest of justice.” 3. The instant petition is being filed by the petitioner challenging the the order dated 06.01.2025, passed by the Respondent No.01 (Collector, Raipur) in Revenue Case No. 403/B-121/2022-23 "State of Chhattisgarh Vs. Vinod Pansari", arising out of the report submitted by the Respondent No.02 for confiscation of the I-20 Car & liquors. The Respondent No.01 vide its impugned order dated 06.01.2025 had ordered for confiscation of I-20 Car No. CT 06 GD 1100 and 39 quarter country made liquor along with 17 quarter of Jammu Special Whisky, contrary to the order dated 04.10.2023 passed by the learned Judicial Magistrate First Class, Raipur, whereby the learned Judicial Magistrate had allowed an application Under Section 457 of Cr.P.C. filed by the Petitioner for 3 getting the Car on Supurdnama, on certain terms and conditions. 4. Brief facts of the case are that on secret information received from the Informant, the Police Station Kharora, District Raipur had stopped the Car I-20, bearing registration No. CG-06GD-1100 along with 39 quarter country made liquor along with 17 quarter of Jammu Special Whisky, which were being illegally transported, which were seized on 02.08.2023 by the Police of Police Station Kharora under Crime No. 536/2023. The Respondent No.02 vide its report / letter dated 21.08.2023, requested the Respondent No. 01 (Collector, Raipur) for confiscation of the seized Car I-20, registration No. CG06GD-1100 along with country made liquor of 7.020 bulk liter and Jammu Goa Whiski 3.060 liters. Thereafter the Petitioner had moved an application Under Section 457 of the Criminal Procedure Code, 1973 for releasing the Car I-20 registration No. CG06-GD-1100 on Supurdnama before the learned Judicial Magistrate First Class, Raipur, which was allowed by the learned Magistrate vide order dated 04.10.2023 in Criminal Case No. 16139/2023, on certain terms and conditions, since then the physical possession of the car is with Petitioner. The Petitioner had filed detailed reply before the Respondent No. 01 on 12.12.2024, mentioning therein that he has been falsely implicated in the Excise Act. He further mentioned that the seized car No. CG06GD-1100 has released on Supurdnama in Criminal Case No. 16139/2023. The Respondent No.01 vide its impugned 4 order dated 06.01.2025 had issued order of confiscation of Car I- 20, registration No. CG06GD-1100 along with country made liquor of 7.020 bulk liter and Jammu Goa Whiski 3.060 liters. 5. Learned counsel for the petitioner submits that the order dated 06.01.2025 is against the facts, materials available on record, hence it is liable to be set-aside. The learned Judicial Magistrate, First Class Raipur vide order dated 04.10.2023, passed in Criminal Case No. 16139/2023 had released the Car No. CG06GD-1100 on Supurdnama on certain terms and conditions, since then the physical possession of the car is with Petitioner. The Respondent No.01 had committed gross illegality in passing the order with regard to confiscation of the Car No. CG06GD- 1100, as the same is also contrary to the order dated 04.10.2023 passed by the learned Judicial Magistrate. The petitioner is the actual owner of the Car, which is evident from the Registration Certificate. Further, the petitioner vide its reply dated 12.12.2024 had submitted detailed facts about the release of Car on Supurdnama by the Judicial Magistrate, which has totally been ignored by the Respondent No.01 by impugned order. Also, before confiscation, the authority concerned have only issued the show cause notice i.e. contrary to the provisions contained in Under Section 47(A)(3)(a)(d) of the Chhattisgarh Excise Act. Before confiscation, opportunity to lead the evidence has not been provided to the Petitioner and also the order of Supurdnama was 5 passed in favour of Petitioner by the Judicial Magistrate. 6. On the other hand, learned State Counsel appearing for the respondents submits that the petitioner has an alternative efficacious remedy of appeal before the Collector under Section 47-B of the Chhattisgarh Excise Act i.e. appeal against the order of confiscation passed under Section 47-A(2). 7. Considering the submission of learned counsel for the State, the writ petition is dismissed. However, liberty is reserved in favour of the petitioner to file an appeal before the Collector under Section 47-B of the Chhattisgarh Excise Ac. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet