Allahabad High Court tells petitioner to approach Mainpuri District Judge against confiscation of vehicle by DM

The Allahabad High Court has directed a petitioner to file a civil appeal before the Mainpuri District Judge against the vehicle confiscation order passed by the District Magistrate under the Uttar Pradesh Excise Act, 1910.

A Single-Judge Bench of Justice Sanjay Kumar Singh held that a Civil appeal against the order of confiscation passed by the District Magistrate would lie before the District Judge of the respective District, as per provisions of Section 72(7) of Uttar Pradesh Excise Act, 1910.

The application, filed by Yashpal under Section 482 CrPC, sought quashing of the October 8, 2021 order passed by the Judicial Magistrate, Mainpuri, whereby an application for release of vehicle of the applicant has been rejected mainly on the ground that the vehicle of the applicant which was seized in the case under Section 60 Excise Act, Police Station Ghiror, District Mainpuri, has been confiscated by the order of the District Magistrate in favour of the state, therefore, application under Section 457 CrPC for release of the said vehicle by the applicant was not maintainable.

The Counsel for the applicant submitted that the vehicle of the applicant was lying in police station and in case the same was not released in favour of the applicant, the condition of the vehicle would deteriorate, therefore, no useful purpose would be served in keeping the said vehicle in the police station.

The AGA submitted that in view of the alternative remedy available under the UP Excise Act, 1910 for filing civil appeal against the order of confiscation of vehicle, the application was not maintainable and there was no illegality in the order dated October 8, 2021.

The Court noted that clause (e) of sub-Section (1) of Section 72 of UP Excise Act, 1910 provides that whenever an offence is punishable under this Act, every animal, cart, vessel or other conveyance used in carrying such receptacle or package shall be liable to confiscation. The power of confiscation of vehicles has been given to the Collector of the District and sub-section 7 of Section 72 provides appeal against the order of confiscation under sub-section 2 or sub-section 6 of Section 72 to the Judicial Authority as the Government may appoint.

Sub-section 7 of Section 72 of UP Excise Act, 1910 is being reproduced as under:- “(7) Any person aggrieved by an order of confiscation under sub section (2) or sub-section (6) may, within one month from the date of the communication to him of such order, appeal to judicial authority as the state government may appoint in this behalf and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.”

The Court further noted that for the purpose of Section 72(7) of UP Excise Act Notification dated June 4, 1978 of appellate judicial authority appointed by the State Government is “District Judge” and an appeal should be regarded as Civil Appeal (not Criminal) and is required to be decided by the District Judge himself.

The Court held that there is no dispute that as per provisions of Section 72(7) of UP Excise Act, 1910, against the order of confiscation passed by the District Magistrate, a Civil Appeal would lie before the District Judge of the respective District.

“Having heard Counsel for the parties, I find that Counsel for the applicant does not dispute the aforesaid fact that the vehicle in question has already been confiscated by the District Magistrate and the applicant has not challenged the order of confiscation before the Appellate Court.

“Accordingly, the application is not liable to be entertained on account of having alternative statutory remedy available to the applicant as mentioned above. The application lacks merit,” the Court observed, while dismissing the application.

“However, it is open for the applicant to file a civil appeal as per the provisions of UP Excise Act, 1910 before the competent Civil Courts, the District Judge, Mainpuri subject to law of limitation”, the order read.