CHANDRAWATI DEVIversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

         MATTERS UNDER ARTICLE 227 No. - 6226 of 2019

Chandrawati Devi
                                                               .....Petitioner(s)
                                   Versus
State Of U.P. And 2 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)                   :   Bipin Kumar Tripathi
Counsel for Respondent(s)                   :   G.A.

Court No. - 89
                     HON'BLE ANIL KUMAR-X, J.

1. Heard learned counsel for the petitioner, Shri R.K. Singh, learned A.G.A.
for the State and perused the record.

2. This petition under Article 227 of the Constitution of India has been filed
with a prayer to set aside the impugned judgment and order dated
12.02.2019 passed by District Magistrate, Maharajganj, in Misc. Appeal No.
2 of 2019 (Smt. Chandrawati Devi vs. State of U.P.) as well as order dated
20.07.2018 passed by District Magistrate, Maharajganj in Misc. Case No.
D201805447000518 (State OF U.P. vs. Awadesh Kumar) under Section 72
U.P. Excise Act, 1955, Police Station - Nichlaul, District Maharajganj. A
further prayer has also been made to issue direction to concerned authority to
release the vehicle having Registration No. UP 53-G-5253 in favor of the
petitioner forthwith.

3. Learned counsel for the petitioner has submitted that his vehicle was
seized in Case Crime No. 58 of 2018 , under Section 72 of the U.P. Excise
Act at Police Station Nichlaul, District Maharajganj. Learned counsel for the
petitioner submitted that her vehicle has been falsely implicated in the
aforesaid case, whereas it was not involved in the transportation of illicit
liqour. The petitioner, being the registered owner of the vehicle, moved an
application for release of her vehicle before the Court of the District
Magistrate, Maharajganj, where confiscation proceedings in Case No.
D201805447000518 (State OF U.P. vs. Awadesh Kumar) were pending. He
submitted his objection stating that she is the registered owner of the vehicle
and that the vehicle was duly insured and had a valid permit. Despite this, an
order for confiscation of the vehicle, was passed by the District Magistrate
on 30.07.2018.

4. Aggrieved by the order dated 30.07.2018, the petitioner filed Misc.
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Appeal No. 2 of 2019 (Smt. Chandrawati Devi vs. State of U.P.). The said
appeal was also rejected as not maintainable on 12.02.2019, upholding the
findings recorded by the District Magistrate in the order dated 30.07.2018.
Learned counsel for the petitioner has submitted that both the courts have
committed gross illegality in denying the release of the petitioner's vehicle in
his favour.

5. Learned AGA for the State has submitted that the petitioner's vehicle was
seized while it was involved in the illegal transportation of illicit liquor in
violation of the provisions of the U.P. Excise Act, and that the order of
confiscation of the vehicle does not suffer from any infirmity.

6. Heard learned counsel for the parties and perused the material available
on record.

7. This Court will not enter into the merits of the facts upon which the FIR
against the petitioner was registered under the provisions of U.P. Excise Act
as those involve disputed questions of fact. No substantial ground has been
shown by the petitioner to establish that his vehicle was falsely implicated
by the police authorities. However, this Court is of the view that confiscation
of the vehicle should not result in deprivation of the owner's right to receive
the said vehicle upon furnishing adequate security.

8. This Court further finds that both courts have failed to consider the settled
legal position that the owner must be afforded an opportunity to redeem the
vehicle on deposit of its value or furnishing of adequate security as may be
determined by the competent authority such as the RTO. In the present case,
it is evident that no such opportunity was afforded to the petitioner. The
impugned order reflects non-application of mind and failure to exercise
jurisdiction in accordance with law.

9. However, this Court is of the considered opinion that no useful purpose
would be served in setting aside the impugned orders at this stage, inasmuch
as the ends of justice would be adequately met by permitting the petitioner to
approach before District Magistrate, Maharajganj by submitting appropriate
application seeking release/redemption of the vehicle. Accordingly, without
setting aside the impugned orders, it is provided that in case the petitioner
files an appropriate application before the concerned District Magistrate
within a period of two weeks from today, the same shall be considered and
decided in accordance with observations made hereinabove.

10. The concerned District Magistrate shall, while deciding such application,
specifically consider the claim of the petitioner for release of the vehicle on
deposit of its value, as may be determined by the RTO. The aforesaid
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                                    exercise shall be completed expeditiously, preferably within a period of one
                                    month from the date of filing of such application. It is further provided that
                                    till the aforesaid period, or till the decision of the application, whichever is
                                    earlier, no coercive action shall be taken in respect of the vehicle in question.

                                    11. Accordingly, this petition is disposed of.

                                    May 7, 2026
                                    Ujjawal
                                                                                                (Anil Kumar-X,J.)




Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad