@ NW IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR / wmrr PETITION N037 7401? 2005 / PETITIONER a... /v’inod Kumar Singh, Aged about ,.~ .5 yCars, S/o. Shri Kapil Ram Yadav, R/o. Shastrinagar, Camp—1, Bhilai, Thana~Chawn1', District Durg (C.G.) VERSUS WRIT PETITION UNDER ARTICLE 2/26/227' OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF CERTIORARI @ ’ . RESPONDENTS 1 State of Chhattisgarh, GO?:£ Through the Collector, f‘ wriy .,.‘ ‘1‘V9 ’ @VD g w)» Durg (C.G.) @ évvm‘s‘)“ chsix; \ w P“ ' 2.; € The Station House Officer, P.S. Bhilainagar, DistrictrDurg (C.G.) XI-HC-78 mm ainiai @ «1200 g anéelm(W) mamléwi'ai amsnéam . mmmma WW#%W $Www A5? 17-8-2005 Shri Anand Kumar Tiwar-i, ccunsel for The pe1’i1‘ioner. Shri Sundeepbubey, Gov T. Advocufe for responden‘rs. Heard bofh 1'he counseL The main grievance of The pefifioner is 'Hm‘r his MaFshai Jeep bearing regisfmfion No.M.P.-23/6A-6006 was seized by The departmeh‘i’ of Excise for offence under 5ec1'ion 34 (1),(A) of The Excise ACT and fhe case No.27/2001 was regis‘rer'ed af The Pelice STaTion Bhilai Nugar, Durg. ThereofTer' no cholian was filed againsf The peTiTioner. However, Th: challan was filed againsT oTher 3 accused persons and ouT of 3, 2. were ocquiTTed by The Trial CourT and one was acquiT‘l'ed by The appellafe CourT, buT The jeep in quesTion is lying wiTh The CollecTor in a confiscaTion proceeding iniTiaTed by The CollecTor in The year 2001. The CollecTor passed an order for releasing The jeep in quesTk n on furnishing bank guaranTee of Rs.2,50,000/-. The peTiTioner could noT arrange The bank guaranTee and ThereafTer The peTiTioner applied for modificaTion of The said condiTion, buT The CollecTor has rejecTed The same. Learned counsel for The oeTiTioner submiTTed ThaT The criminal has been decided buT The confiscaTion proceeding is noT being case decided by The CollecTor, Durg The peTiTioner is noT able To furnish bank guaranTee and The jeep in quesTion is becoming junk. Therefore, To aeciue . . confiscaTio’ ‘ aT T . . h‘ f ll me yvneefor‘ muy De uh'ecTeu Xl-HC-78 @ W §qi$ .................................... 111200 mmwmafaaa) / mmmanéw _gr, WW§MW ‘ aiWanéa d counsel for responden'rs has ne The edriiesf To which lemme objec’rion. Prayer made by iear-ned be Jusf and reasonable. As Tl before +he Collector since 2 01 and by now almosf 4 years has ' elapsed, +herjefore, in The c directed f0 decide fhe confisc mcnfhs from foday. Wifh The direcfion afore said, The pe‘ri‘rion is disposed of. Consequen‘rly, M.(W.)P. No.3177/2005 also sfands disposed of. Par‘l'ies are enii'rled for cer'rified copy of This order. Sd/— L.C.BHADOO Judge counsel for The pefifioner appears 1'0 e confisca'rion proceeding is pending: cumsfances, “the Collecfor, Durg is a‘rion proceeding wifhin a period of 2 ’