The Court dismissed a writ petition under Article 227 challenging a confiscation order passed against the petitioner's vehicle for carrying illicit liquor, holding no manifest error or perversity was shown in the impugned orders.
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Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1214 of 2019
Petitioner :- Neeraj Respondent :- District Judge And Another Counsel for Petitioner :- Rajneesh Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Harsh Kumar,J.
Heard Sri Anil Kumar Yadav, Advocate holding brief of Sri Rajneesh Tripathi, learned counsel for petitioner and Sri Ari Mardan Singh, learned Standing Counsel for the Staterespondents.
By impugned order Collector, Auraiya has confiscated Scorpio vehicle no. UP-75-V-0274 under the provisions of Section 60/72 of U.P. Excise Act as on 12.7.2015 the above vehicle was intercepted for carrying 70 cartons of illicit liquor.
The contention raised by petitioner is that F.I.R. has been lodged with false and incorrect allegations due to dispute with police authorities and no liquor was being carried in the vehicle in question; that against confiscation order dated 28.9.2016 passed by Collector, Auraiya, Civil Appeal No.37 of 2017 was filed by petitioner before the District Judge, Auraiya which has been dismissed upon merits vide order dated 6.8.2018 hence the petitioner has approached this Court through petition under Article 227 of Constitution of India for setting aside the impugned orders dated 28.9.2016 and 6.8.2018 passed by Collector, Auraiya and District Judge, Auraiya respectively as well as for issuance of directions to respondents for releasing the vehicle within stipulated period. It has also been contended by petitioner that prior to above confiscation order his vehicle was released by Judicial Magistrate vide order dated 28.8.2015 (A-2).
The contention that vehicle was falsely implicated for carrying unauthorized liquor is a matter to be decided upon evidence to be adduced in criminal case which is pending in furtherance of F.I.R. lodged in respect of Scorpio vehicle in question under Section 60/72 of U.P. Excise Act at Case Crime No.147 of 2015 on 12.7.2015 and it may not be a subject matter for decision by the Court in confiscation proceedings or by this Court in proceedings under Article 227 of Constitution of India. In the impugned order dated 28.9.2016 itself Collector has given option to petitioner to deposit the market price of the vehicle in Government Exchequer through Challan upon which the vehicle will be released in his favour. The deposit, if any, so
made by petitioner will be subject to final disposal of criminal case, wherein if the court finally comes to the conclusion that vehicle was not involved in carrying illicit liquor and F.I.R. was lodged with false allegations, the amount will be refundable to the petitioner.
Learned counsel for the petitioner has failed to show any manifest error of fact or law or any perversity in the two impugned orders dated 28.9.2016 & 6.8.2018 passed by Collector, Auraiya and District Judge, Auraiya hence the interference by this Court by exercising extraordinary powers under Article 227 of Constitution of India is not at all required.
The writ petition is dismissed, accordingly.
Order Date :- 15.4.2019 Kpy
1 issue framed by the court
Whether interference under Article 227 is warranted regarding the Collector's order confiscating a vehicle for alleged illicit liquor.
2 provisions across 2 enactments
Neeraj
District Judge
Collector, Auraiya
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
