2011 (11) TMI 827 - HC - Central Excise

Summary

Issues involved: Petition against orders of MM under Section 33 of the Excise Act for release of confiscated vehicle.

Summary:
The High Court of Delhi heard a petition against the orders of the Metropolitan Magistrate (MM) dated 24th May, 2011 and 14th July, 2011 in connection with a case under FIR No.112/11 u/s 33 of the Excise Act at P.S. Aman Vihar. The MM had dismissed the application for release of a vehicle (HR-56-7290) on superdari, which was seized along with 27 cartons of liquor and being driven by Naseeb Singh. The petitioner, claiming to be the owner of the vehicle, filed the application for release through his attorney, Virender, son of Jagat Singh. The MM, citing lack of authority to release the vehicle in Excise Act cases, rejected the application on both occasions. The petitioner contended that the vehicle was seized by the Police and not confiscated, hence the provisions of Section 58 of the Delhi Excise Act did not apply. The Court directed the release of the vehicle to the registered owner on superdari, as it was no longer required by the Police, following the procedures outlined in Chapter VI of the Delhi Excise Act and Section 451 of the Cr.P.C.

The Court noted that the vehicle in question was seized by the Police and not confiscated, therefore the provisions of Section 58 of the Delhi Excise Act did not apply. The Court directed the release of the vehicle to the registered owner on superdari, as it was no longer required by the Police, following the procedures outlined in Chapter VI of the Delhi Excise Act and Section 451 of the Cr.P.C. The petition was disposed of, granting relief to the petitioner for the release of the vehicle.