1 2025:CGHC:60530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3463 of 2025 Mongra Sahu W/o Shri Nirmal Sahu Aged About 50 Years R/o Purani Basti Ward No. 10, Katghora, Tahsil And P.S. Katghora, District : Korba, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Katghora, Korba, District : Korba, Chhattisgarh ... Respondent For Applicant : Mr. SRJ Jaiswal, Advocate For Respondent : Ms. Sunita Manikpuri, Dy. GA Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 12/12/2025 1. This petition under Section 528 of the BNSS, 2023 is directed against the order dated 29/10/2025 (Annexure A-1) passed by the learned First Additional Sessions Judge, Katghora, District Korba, C.G. 2. Brief facts of the case as projected by the applicant are that the offending was seized by the police station Katghora, Korba in Crime No. 335/2025 alleging that on date of incident, the police has seized the vehicle Motorcycle bearing registration no. C.G. 12-AW-6607 for the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.19 10:56:05 +0530 2 offence under section 34(2) of the C.G. Excise Act from the possession of the accused persons. The applicant being the owner of the said vehicle filed an application under section 503 of Cr. P. C. before the learned Judicial Magistrate First Class Katghora, District Korba Chhattisgarh in crime No. 335/2025 for taking supurdnama of the said vehicle, and categorically stated that the applicant is registered owner of the said vehicle and hence she is entitled to take her vehicle which has been seized by the police, but the learned Court below has dismissed his application vide its order dated 14.10.2025. Being aggrieved with the order dated 14.10.2025 passed by learned Judicial Magistrate First Class Katghora, District Korba Chhattisgarh in crime No. 335/2025, the applicant filed Criminal Revision No. 35/2025 before the learned First Additionall Sessions Judge, Katghora, District Korba Chhattisgarh which has been dismissed. Hence this petition. 3. Learned counsel for the applicant contended that Section 47-A(2) of the C.G. Excise Act very specifically hold that firstly the Collector has to be satisfied that the offence covered under the act has been committed and this satisfaction can only be reached after the order of conviction by the trial court. He would next contend that the applicant is not involved in connection of this crime and her vehicle was also not involved in any crime and the police has seized the vehicle only on the basis of the suspicion. 4. On the other hand, learned State counsel for the respondent/State, would support the impugned order and submit that application & revision have rightly been dismissed by the learned both the Courts below. As such, 3 concurrent findings recorded are not liable to be interfered with and the present petition deserves to be dismissed. 5. I have heard learned counsel for the parties and considered their rival submissions made hereinabove and also went through the records with utmost circumspection. 6. Section 47-A of the Act of 1915 was inserted in the Act of 1915 by M.P.Act No.22 of 2000 w.e.f. 4.8.2000. Sub-section (2) of Section 47-A of Act of 1915 provides for confiscation. It can be exercised if Collector 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 fifty bulk liters he may, on the ground to be recorded in writing, order the confiscation of the intoxicants, articles, implements, utensils, materials, conveyance etc. so seized. 7. Sub-section (3) of Section 47-A of the Act of 1915 provides as under:- “(3) No order under sub-section (2) shall be made unless the Collector has- (a) sent an intimation in a form prescribed by the Excise Commissioner about initiation of proceedings for confiscation of seized intoxicants, articles, implements, utensils, materials, conveyance etc. to the court having jurisdiction to try the offence on account of which the seizure has been made; (b) issued a notice in writing to the person from whom such intoxicants, articles, implements, utensils, materials, conveyance etc. have been seized and to any person staking claim to it and to any other person who may appear before the Collector to have an interest in it; (c) afforded an opportunity to the persons referred to in clause- (b) above of making a representation against proposed confiscation; (d) given to the officer effecting the seizure under sub- section (1) and to the person or persons who have been 4 noticed under clause (b) a hearing.” 8. A careful perusal of the aforesaid provisions would show that as per clause (a) of sub-section (3) of Section 47-A of the Act of 1915, the Collector has to send an intimation in the form prescribed by the Excise Commissioner about the initiation of proceedings for confiscation of seized intoxicants, articles, implements, utensils, materials, conveyance etc. to the Court having jurisdiction to try the offence on account of which the seizure has been made. 9. In this case, the Collector has not sent any intimation to the Magistrate having the jurisdiction to try the offence. On bare perusal of record I have found that the Investigation Officer/T.I. has informed the Magistrate that the confiscation proceedings before the Collector has been initiated. Therefore, there is clear non-compliance of the mandatory provisions of sub-section (3) of Section 47-A of the Act of 1915, which is apparent and evident from perusal of the confiscation proceedings. 10. Consequently, it is held that order dated 29/10/2025 passed by the First Additional Sessions Judge, Katghora, District Korba, C.G. in Criminal Revision No.35/2025 in connection with Crime No. 335/2025 is clearly in teeth of the provisions contained in sub-section (3) of Section 47-A of the Act of 1915and as such, it is liable to be set aside and is hereby set aside. It is directed that the vehicle i.e. Motorcycle bearing registration No. C.G. 12-AW-6607 be released in favour of the applicant, as interim custody on the following conditions:- (i) Before release of the vehicle, the documents pertaining to 5 ownership of the said vehicle be verified and proper Panchnama of the vehicles be made. (ii) Photographs of the vehicles should be taken and bond should also be produced that the vehicles would be produced as and when required. (iii) Proper security i.e. personal bond of Rs.1,00,000/- (One Lakh) and equivalent surety be obtained before release of vehicle. (iv) The petitioner shall file an affidavit before the concerned trial Court that she shall not alienate the said vehicle during pendency of the trial. 11. With the aforesaid observations/directions, the petition is allowed. Sd/- (Arvind Kumar Verma) JUDGE Ashu