Swapan Maity vs State of West Bengal and Another

Ashim Kumar Roy, J.—The petitioner is the registered owner of a Motor Cycle, which was seized in connection with Excise Case No. 110/2013 under Sections 46A(c) and 46AA of the Bengal Excise Act, 1909 for contravention of Section 18(1)/13(d)(f) of the said Act. Against the refusal of the court below to give the interim custody of the seized motor cycle to the petitioner pending trial, this criminal revision has been moved.

It was the case of the prosecution that on July 19, 2013 the petitioner was apprehended while in the said Motor Cycle he was carrying fake India made foreign liquor. When he was arrested and the motor cycle was seized.

According to the provisions of the Bengal Excise Act, 1909 when any contraband article is seized from a vehicle, the said vehicle is liable to be confiscated.

I find the provisions of Section 64 of the Bengal Excise Act, 1909, amongst other provides, when any article is confiscated u/s 63 of the Bengal Excise Act, the court may either order confiscation or give the owner of such thing an option to pay, in lieu of confiscation, such fine as the Magistrate thinks fit. Therefore, even after confiscation, it is permissible the confiscated article be returned to its owner in lieu of payment of fine.

It is an admitted position the Motor Cycle, in question is now lying in the Excise barrack under the open sky and if the same is to remain in such a condition for indefinite period, the vehicle will certainly reduce to mere scrap.

Now having heard the learned counsels appearing on behalf of the parties, perused the impugned order and considering the issue in the above background, I am of the opinion, no useful purpose will be served by retaining the motor cycle in question in the custody of the Excise Department and on the other hand the interest of justice will be served if the same is released to the petitioner against execution of adequate bond. Accordingly, this criminal revisional application is allowed and it is directed that the Motor Cycle be released to the petitioner upon execution of a bond of Rs. 30,000/- to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipore and on further condition that pending hearing of the trial, he shall not change the nature and character of the said Motor Cycle and also shall not create any third party interest in respect thereof.

Needless to mention, the Motor Cycle in question be returned to the petitioner by the court below on being fully satisfied about his title that he is the registered owner thereof.

Office is directed to communicate this order to the court below at once. Urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.