Gopal Kundu vs. State Of Chhattisgarh

Held

The High Court dismissed the writ petition on the ground that the petitioner has an alternative efficacious remedy of revision under Section 47C of the Chhattisgarh Excise Act, 1915. The Court acknowledged the petitioner's submissions regarding the confiscation order and the subsequent acquittal but found that the statutory remedy of revision was available. The Court explicitly reserved liberty in favour of the petitioner to file a revision under Section 47C of the Act of 1915. The Court did not decide on the merits of the confiscation order or the petitioner's claim for the release of the vehicle, as the matter was disposed of on the procedural ground of alternative remedy. The reasoning is based on the principle that writ jurisdiction is discretionary and should not be exercised when a statutory remedy is available and adequate.

Facts

The petitioner, Gopal Kundu, filed a writ petition challenging an order dated 27.12.2022 by the Excise Commissioner and an order dated 19.09.2022 by the Collector, Kanker. The Collector ordered the confiscation of the petitioner's vehicle, CG-19-BD-2189, which had been lying at the Police Station Bande since 20.09.2020. The petitioner argued that the confiscation order was passed without considering that the vehicle's involvement in a crime under Section 34(2) of the Chhattisgarh Excise Act, 1915, was not yet decided by a competent court. The petitioner's appeal against the Collector's order to the Excise Commissioner was dismissed. Crucially, the petitioner was acquitted of the offense (Crime No. 42 of 2020) by the Chief Judicial Magistrate on 11.05.2023, yet the vehicle remained confiscated.

Key Issues

1. Whether the High Court should entertain a writ petition challenging the confiscation of a vehicle when an alternative efficacious remedy of revision is available under Section 47C of the Chhattisgarh Excise Act, 1915. Petitioner's Contention: The petitioner argued that the confiscation order was passed without proper consideration of facts, including the fact that the vehicle had been abandoned since 20.09.2020 and that the petitioner had subsequently been acquitted of the underlying offense. The petitioner sought the quashing of the confiscation proceedings and the release of the vehicle. Respondents' Contention: The State contended that the petitioner has an alternative efficacious remedy of revision before the Court of Sessions under Section 47C of the Chhattisgarh Excise Act, 1915, which provides a mechanism to challenge the appellate authority's order on grounds of illegality.