The Chhattisgarh High Court has dismissed a criminal revision filed by the State government challenging the setting aside of a vehicle confiscation order under the Chhattisgarh Excise Act. The Court held that confiscation cannot be sustained unless there is reliable evidence proving that the seized liquor exceeded the statutory limit required under law.
Background of the Case
The case arose from Crime No. 80/2014 registered at Police Station Bodla, where a Scorpio vehicle was seized on allegations that it was being used to transport liquor. Based on a police report, the Collector, Kabirdham, ordered confiscation of the vehicle on 19 January 2015 under Section 47-A of the Chhattisgarh Excise Act. The Excise Commissioner later upheld that order.
However, the Sessions Judge, Kabirdham, set aside both orders in Criminal Revision No. 15/2017, prompting the State to approach the High Court.
Chief Justice Ramesh Sinha noted that although authorities claimed to have seized 154 bottles of country liquor, foreign liquor and beer, only a small number of sample bottles had actually been examined.
The Court observed,
“Confiscation of a vehicle is a serious consequence affecting proprietary rights and, therefore, the statutory conditions precedent for exercise of such power must be strictly established.”
The Bench found that only about 2.09 litres of the seized contents had been tested and there was no forensic or chemical examination confirming that the remaining bottles also contained liquor. In such circumstances, the Court said it was not legally permissible to presume that the total quantity exceeded five bulk litres, the threshold required for confiscation under Section 47-A.
The High Court held that the Sessions Judge had correctly appreciated the evidence and that the State failed to establish any illegality, perversity or jurisdictional error warranting interference in revisional jurisdiction. Consequently, the criminal revision was dismissed and the order setting aside the confiscation of the vehicle was affirmed.
Case Details:
Case Title: State of Chhattisgarh v. Shravan Kumar Yadav @ Suraj
Case Number: CRR No. 637 of 2018
Judge: Chief Justice Ramesh Sinha
Decision Date: 19 June 2026
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