Raj vs State Of Madhya Pradesh And Others

Pranay Verma, J

1 . By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 13.09.2023 passed by the Collector, District Barwani whereby petitioner's vehicle white colour Maruti Suzuki Echo Car bearing registration No.MP-09-WM-4494 has been confiscated. The allegation against the petitioner is that he was found carrying 108.64 bulk liter of unauthorized liquor without a valid license.

2 . Learned counsel for the petitioner has submitted that admittedly, a case under Section 34(2) of M.P. Excise Act has been registered against the petitioner vide Crime No.132/2023 at Police Station Palsud, District Barwani. The case is still pending in the Criminal Court, however, the confiscation proceedings have been initiated and have also been concluded and by the impugned order dated 13.09.2023 the Collector, District Barwani has ordered the vehicle to be confiscated. It is also submitted that it is a trite law that while the criminal case under the M.P. Excise Act is pending in the criminal Court, the confiscation proceeding cannot be initiated and to support his submissions counsel has relied upon an order passed by this Court in W.P. No.12666 of 2023 (Aman Vs. The State of M.P. & Ors) dated 14.06.2023 . Thus, it is submitted that the impugned order be set aside.

3 . Counsel for the respondent/State, on the other hand, has opposed the prayer, however, it is not denied that this Court on various occasions has quashed the order of confiscation holding that the confiscation proceedings cannot be initiated unless criminal case comes to an end.

On due consideration of submissions, perusal of the documents filed on record as also the decision relied upon by the counsel for the petitioner in W.P. No.12666 of 2023 (Aman Vs. The State of M.P. & Ors) dated 14.06.2023, this Court finds force with the submissions as advanced by the counsel for the petitioner and is of the considered opinion that the impugned order dated 13.09.2023 cannot be sustained in the eyes of law and the same is hereby quashed and the vehicle in question i.e. white colour Maruti Suzuki Echo Car bearing registration No.MP-09-WM-4494 is directed to be released to the petitioner on his furnishing adequate surety to the satisfaction of the Trial Court with an undertaking that till the final disposal of the criminal case, he shall not alienate the aforesaid vehicle in any manner.

Accordingly, the petition stands disposed off.