High Court Of ChhattisgarhCRMP/189/2021disposed off

Lekhram Dhiwar v. State Of Chhattisgarh

2021-03-19Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.189 of 2021 • Lekhram Dhiwar Son of Khelan Dhiwar, aged about 26 years, R/o. Village Devsundara Police Station Palari District Balodabazar Bhatapara (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Throug the District Magistrate/Collector, Balodabazar, Distt. Baodabazar-Bhatapara (CG)

2. Station House Officer, Police Station Suhela, District BalodabazarBhatapara (CG) ---- Respondents For Petitioner : Shri GR Miri and Shri Basant Kaiwartya, Advocates For Respondent/State : Shri Animesh Tiwari, Dy. Advocate General and Shri Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19.3.2021 1.

The matter is heard finally with the consent of the parties. 2.

It is an undisputed position that the petitioner's vehicle Motor Cycle bearing registration No.CG 22 J 1693 was found involved in Excise offence and thereafter said vehicle was seized and confiscation proceedings have been initiated on the seized vehicle by District Magistrate/Collector, Baloda Bazar-Bhatapara and the same has been intimated on 22.10.2020 by the Collector to the jurisdictional Criminal Court. As such, by virtue of Section 47D of the Chhattisgarh Excise Act, 1915, jurisdiction of the criminal Court to grant interim custody is barred. This is an admitted position with the record. 3.

In that view of the matter, the petitioner is at liberty to move an application for grant of interim custody of the seized vehicle before the

Collector, Balodabazar-Bhatapara within seven days from today and the Collector shall consider and dispose of the application, if filed within 10 days from the date of receipt of a copy of this order, in accordance with law and as per the law laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat1 4.

With aforesaid observation/direction, the petition under Section 482 of CrPC stands disposed of.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Bini (2002) 10 SCC 283