f) ^' H.IGHCOURTORCHMAT"FISGARH:BILASPUR WRn-PETITION .NO;333aF2002 PETITIONER KisMore, S/o Shri GhabHal Sinha, R/o Shikshak 'Nagar Cqlony, Amdi, Oariaband, Distriet Raipuf. RESPONDENTS .Versus .',: . :1' ,', . ' '1.: '.': • ''- 1. State of Glihattisgarh, through.SecrQtary, DepaFfmeht of EXCJS&, Manfralaya, Shastri Chowk, Raipur. 2. , Coilector (Appellate Authorify), Raipur. (WritPetifionunderArticle 226/227 6f th&ConstitutiQn oflndia) Single Bencli': HQn'bl&Shn Satish K.Agnihtitri, J. ; Present:- . ShrrRajesh Singh,Advocatef6r,theRetitioner. Shri Shashank Thakur, Panel Lawyer for the Stafe. QRDERfORAU (Passedonthis 21st dayof September, 2010) ^) By this petition .ynder Article 227 pf the C;onstitution of India, the ' ; ^ petitioner seeks l;6.icMallenge ;tHe,le^^^^ yated 24/12/2001 ^\(3nexyriP/3];passecl'BytheCQllectQr,:Raipur, in Revenue .Case No.20/B/121^ year •2Q01-200^ (Stete of " Chhattisgarh Vs. Shri Kishore), , ,c, . ^';^. Learned cdunsel' appearirig .:fbF.fhgipetitioner submi^ 08/05/2001, the vehiele bearing Tegistration No..M.P.-23/T-l 123 (for shorf "the /ofifend/ng. ve/i/c/e") ;owned by the petjtjoner was alleged to have been carryirig 24 boxes of fQreign liquor valued at Rs.24,000/-: The offending veMcle as well as the forejgn 'liquor "' were sgized and Crime N6.212/2 1;;was registered aga^^ petitioner-owner. of the offendingtfehiole. At the tjme of.the. incident, the offendingvehielewasdTiyen^bypne Om Prakash. 3) According ta the learned counsel appearing fpr the petifioner, vide notifieati6naated.02/02/200^pub!ished;in(heGOTemmehtGazetfe, ffie ;;authorized officer ^has bgen's notified to be .Assistant' 'm ®^%@ AB?, s.l-'t-l0 SSt: l!^'?iSl. i'iaiti .i;: jli 5) liiil!i Commissioner (Exeise) and all the District Excise Officers with their Fespective jurisdiction. In the present case, the same has not been done whereas the seized offending vehicle was produced before the Collector, Raipur which is contrary to the notificationissued by the Government and the provisions of Section 47-A of the Chhattisgarh Excise Act, 1915 (for. short "the Act, .1S15'}. Thereafter, as an interim measyre, the offending yehicle was handed over to the petitioner-'on supurdnama, as is evident from Annexure R/2. However, while passing the final order dated 24/12/2001 (Annexure P/3) fhe offending vehicle was confiscated and the interim order was eancelled in an illegal and arbitrary manner and against the prtivisions of law. Thus, this petition, On the other hand, learned counsel appearing for the State, submits that as;pertheprovisi6hsofSection47-A of the Act, 1915 the Collei^or uijtiafed We ^^ regard to initiation of cbhfisGatjon^pi"bee8ding;was sent to the Chief Judicial Magistrate; Raipui" ahd ^the^shpw'cai.ise hotice was also issued to the petitioner. After fbllowing the due process of law ahd after affording full opportunity of hearing; thefinal confiscation orderwas passed by the Collector in accordanee with law, thus, interference pf. this Court, may not be necessary. Learned counsel further submits that Section 47 of the Act, 1915 provides that the Investigating Officerwill submit the report to the officer not below the rank of District Excise Qffieer. Thus, the Investigating Officer rightly submitted its report beforetlTeCOllector. Thus, the petition maybe dismissed. 1 have heard learned counsel.sippearing forthe parties, perysed the pteadings and thg documentsappehded thereto. •;• . SS:1 w" »-^. g;l(^::^: ^€ 6) Section 47-A of the Act, 1915, as prevalent provides for seizureof intpxicants, articles, implements, utensils, materials, conveyance etc., as empowered underSection 52 (1) oftheAct, 1.915. 7) Section 5.2 (1) ofthe Act, 1915 providesthat any Excise Officer, or any Police Officer not below sych rank as the State Government may, by notification prescribed shall seize and detain any intoxicants or other article which he has reason to believe to be liabletoconfiscation uhderthisAct. 8) Sections47-Aand 52 (1) oftheAct,1915 read asunder: "47-A.C6nfiscation of seized intoxicants, articles, implements, iitensils, msjteriafe, conveyance, etc.-— (1) Whenever any offenee ocivered by clause (a) or fb) of sub-section (1) ofSection34 is commitfed and the quahtity of liquor fo.Und at the time or in the coyrse of defection of offence exceedS fifty bulk litres, every affice, empowered under SecffoQh 52, uA//e'sefang any /h(^ article^, implements, .ufensils.^^^^^n^ . convej^ce^'eyR • pupc/ep y.syfi-secffbn (2) of SeoffpB3^0FS®c(fQB52;lo^^i®,.iAc(,s/?a//p/ace . oB?^^^?'i^B^seEea?S,an^:,7o9/ra WesarneHasl^w WSs^Wand shallwithout i.incli.iedelay'eithe^prodi.icethe.seizeSprciperty before ffie •CQllectofQ^the- Qistrict, or, where hawrig ;ra^rcf to'rfs .guanff^^Qr Au//f or any othergenuinediffictilty it.is notexpedignttodo so; make a report containing all the details aboutthe seizureto him.' • (2) When the Collector, upon production before him of intoxicants, articles, implements, utensils, maferials, cpnveyance etc. pronreceiptofa report aboutsuch seizure as the case maytie, is sstisfiedthat an offence covered by clause (a) or plause (b) of sub- sectiqn (1) i^ Ssction 34^has:begn ccirnmitfed and wKeFe^e guantify of liquor fbund at ths time Qr in th6^caurse af defection of such offenGeexceedsfiftybulKliti'es he may, on the groundto.be 'recorded' in 'wnting, order the CQnfiscation of the intoxiisants, articles, " i\ implements, utensils . matenals, conyeyance \ ate. so se/zed. /^,mayc^fTOg e penGfeneyof i . e proceecfcgs for^f^ confecafe/T a/s6 ' pass an order ofinterimnature:fqrthecustody, ; disposal eto. of the' conffscated ihlQxicants,,- articles, implements, utensils, materials, % Bifc .-i'.'y'Sk s'^. ::''^'' ~^a\ li.It·· ll-il![;:li|!KM.':;..;®. •1J 'K Ig IIJI ")!•!;; ii8ili'lli;: il!1!^.! :-\W cpnveyance etc. as may.appear to himito be necessary in.the cifsumsfances ofthe case: (3) No order under..sub-section (2) shall beniade uniessthe Collector has- (a) sent an intimatio/n in a form prescribed by the Exoise CommissiQner about initiation of prpceedii'igs for confiscatiofi- 6f . seized Yintoxioants, articles, implements, utensils, materials, conveyaoce, ete. to the court having: junsdiction to try the offeijce on .aooount of which. the seizure has beeh made. (b) } issued. a notice in whting fc> the persorr^fmm whom .such ihtoxicants, articles, implements, utensils, matehals, conveyance ete. have been seized ahd to any person staking olaim to it and to any other person who may appear before fhe Collector to have an interest ih it; fc)' afforded an oppQrtuhity to ^.Sie.^^pefsoras; referred ^o in ^clause:;^:'sSesi/e ofmaking a ' ^repr^ntaVffn^.againsf pmposed cohfiscation. y . (d) given ^tQ the ofRcer effecfing^tHeyseizureundersub- section (1) and to the persan or persons whp have been noficed uhderclause fb) S hearing. "52. Powertoarrestwithoutwarranttoseize artiCle liable tO eonfiscation and to nlake seafvhes—(1)'Any Excise Officer, 6r any Police Officernatbelaw such rank as the State Gqvemment may, by notification,/prescnbe, or. single oflicer Br^ Glass^o^^ Revenue DBpartment'daly^ BinpQwered in this behatf Isy I'lQtifiostiort'afWe State (Swemment subject to' such ' restnetians as the State Govemmenf may ^issoeiKe,. anci any other persQh dulysmpowerBet^'tt^notificationQfthe StafeGovemmQntinffiiis^ehalf,- (a) •; may^ansst withoutwarrant any j^rson^found cQmrnitting^ari . • gffence punishable unclerSeGtiQn ;23-yA, 34;i..35,:.36, ,36-/l, 36-B, • 36-0,37, 38-A; 40 or 49-A;ancf . Ifililil 11111 c (b) shall'Seize and detaih any intoxicant or other article which he has reason to believe to be liable to confiscation under this Act orany oftieF law for the time being in farce relating ,to exercise revenue; and ' (o) may detain and search any perspn upon whom, amfany vessel, craft, vehiole, animal, package, receptaole, or cavering in or upon which he may have reasQnable cause to suspect any such articletd be." 9),' Sub-section (3) of Section 47-A of the Act, 1915 provides for an ihtimation to the Court having .jurisdiction fo try the offence on account ofwhichtheseizurehasbeenmade. 10) In the ease 6n hand, the seizure was.d6ne.by theSuperintendentof Police of the .District, which was produced without undue delay before the Colleetorbfthe Districti The Collector after'complying with the provisiOns'xrf'sub-seetion (3) of Section 47-A.of the Aet, ;*. 19T5passedtH&6rder',whieli.is:yndercha]le!nge inthis petition. 11^l-earnedcounsetappeai-irigfotth®petiti6nersubmitSthatAssistant ^COmmissioneri(Excise)and all the Disfrict Excise Officers qnly are notified to be authorized officers underSection 52 ofthe Aot, 1915. On the other hand, it was submitted by fhe State that the Superintendent of' Police is also a notified pfficer under the provision6fsub-section(1)ofSec{i6n52oftheAct,1915, 12) The notification has been issueA (Annexure :R/5) whereby the Police Otfice not belpw the'rank of- Sub InspeCtor have been authorized underthe provisipns ofSections 39 (A), 52, 54,: 55(1.) & 59 of the Act, 1915. Thus, ^the contehtiQn 6f the petitiQner that'the Superintendent of Police was nof an authorized offjcer is wjthout anybasisand cQntraryto facts. ; . "A^f. •Bt Ki lllit; c B.^.' i|Sov^-i 13) The offending vehicle and the liquor were seized from the possession of the petitioner on 08/05/2001-, the same were produced before the Collectpron 10/05/2001 (Annexure R/1). The ColleGtor intimated about the seizure of the offending vehicle and liquor to the Chief Judicial Magistrate, Raipur on 18/05/2001 (Annexure R/2) and a show cause notice was issued to the petitioneron 18/05/201 (Annexure R/3). 14) Thus, it cannot be held that the SupeFintendent of Police ofthe District may not be a notified officer ynder the provisions of Section 52 (1). Thereafter, the statutoFy procedure requires the . seized articles were produced before the Collector without undue delay and the Cbllector has passed the order after affording opportunity of hearing to the petitioner and after intimating the Magistrate, a competent officer totrythe case. 15) Looking from all angles and also jurisdicfion of this Court, under Article 227 of the Qonstitution of India, this Court isofthevjewthat there is no prQcedural irregularity or perversity in the impugned / ^ order warranting interference. 16) It is well-nigh established that the ^hfigh Court in exereise of its extraordiriary jurisdiction under Article 226 and supervisory jurisdiction' under Article 227 of the Constitution of India, should refrain itself from interfering with the order passed by the Courts below, except in such cases where perversity, iltegality, irregularity or jurisdictional error is writ large on the face of the record,which are not available in the present case. 17) In the result, the writ petition is fails and is hereby dismissed. No order astQ costs. : SatishK. Agiti '., ,—..' Judge; \,v