Kuleshwar Sahu vs State Of Chhattisgarh

The petitioner is registered owner of Innova Car bearing Registration No. CG-04-JC-5100. His vehicle was found involved in the commission of offence under Sections 34(1) & 34(2) of the Chhattisgarh Excise Act, 1915 (for brevity 'the Act, 2015') thereafter, vehicle has been seized and confiscation proceeding is pending consideration before the Collector, District Mahasamund, under Section 47-A of the Act, 1915 in which petitioner filed application for grant of interim custody of the vehicle which has been rejected by the Collector, Mahasamund, vide order dated 24.08.2021 against which the instant petition has been preferred.

Learned counsel for the petitioner submits that order of the learned Collector, Mahasamund, is contrary to the decision rendered by the Hon'ble Supreme Court in the matter of Sunderbhai Ambalal Desai, vs. State of Gujarat (2002) 10 SCC 283 in rejecting the application of the petitioner.

Learned State counsel opposes the prayer made by learned counsel for the petitioner.

I have heard learned counsel for the parties, perused the records and considered their rival submissions.

It is not in dispute that the petitioner's vehicle is seized for the commission of offence Sections 34(1) and 34(2) of the Act, 1915 and confiscation proceeding is pending consideration under Section 47-A of the Act, 1915. Petitioner's application has been rejected for interim custody by recording a finding which states as under:-

The Supreme Court in the matter of Sunderbhai Ambalal Desai, vs. State of Gujarat (supra) with regard to the interim custody of the vehicle in paragraph Nos. 17 and 18 has held as under:-

“17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of the applications for return of such vehicles.

In case where the vehicle is not claimed by the accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. If the said vehicle is insured with the insurance company then the insurance company be informed by the court to take possession of the vehicle which is not claimed by the owner or a third person. If the insurance company fails to take possession, the vehicles may be sold as per the direction of the court. The court would pass such order within a period of six months from the date of production of the said vehicle before the court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.”

The Collector, Mahasamund, has neither noticed nor considered the binding decision of the Hon'ble Supreme Court in the matter of Sunderbhai Ambalal Desai, vs. State of Gujarat (supra) and subject vehicle is lying unused for long time and in that view of the matter, the impugned order passed by the Collector, Mahasamund, is set aside and the petitioner is entitled for interim custody of the impugned vehicle Innova Car bearing Registration No. CG-04-JC-5100 on supurdnama subject to his producing the original registration certificate and further on satisfying the following conditions:-

1.The petitioner / registered owner shall furnish a personal bond in the sum of Rs.10,00,000/- with two sureties of Rs.5,00,000/- each to the satisfaction of the Collector / its Authorized Officer with an undertaking to produce the vehicle in the Court as and when required.

The petitioner shall get the vehicle photographed showing the registration number as well the chassis number.

The personal bond of the petitioner / registered owner and bonds of sureties shall carry the photographs of the owner and his sureties and the bond of sureties shall further carry the photographs of persons identifying them, which would be with full residential proofs of the sureties and the persons identifying them.

The petitioner / registered owner shall undertake not to transfer the ownership of the vehicle and not to lease it to any one and not to make or allow any changes in it to be made so as to make identifiable.

The vehicle shall be released within 10 days from the date of complying with the aforesaid conditions imposed herein above.

With the aforesaid observation / direction the instant writ petition stands disposed off. No order as to cost(s).