Order to impose fine on car for doing recce canceled

Prayagraj, 13 December (HS). Allahabad High Court canceled the order of DM Agra to seize a car and impose fine on it in the case of recce of a cargo carrying illegal liquor.

The court said that there is an allegation of recceing the car of a goods carrier carrying illegal liquor, not of carrying illegal liquor. Illicit liquor has not been recovered from the car. In such a situation, the provisions of the Excise Act will not apply. This order was given by the division bench of Chief Justice Arun Bhansali and Justice Vikas Wednesday.

The police had stopped the car of Agra resident petitioner Manish and recovered illegal liquor from the goods carrier running behind the car. The police seized the car and registered a case against the petitioner under various sections, alleging that it was recovered from the car. CJM Agra court released the car with conditions. Meanwhile, the DM issued a notice under the Excise Act, imposed a fine of Rs 3.5 lakh and imposed conditions like not selling the car etc. This order was challenged in the High Court.

The petitioner’s advocate argued that illicit liquor was not found in the car. Action has been taken under the Excise Act on the allegation of recce of the vehicle carrying liquor. The District Magistrate has imposed a fine of about three and a half lakh rupees by imposing conditions of not changing the color of the car, not selling it etc., which is illegal. The court canceled the order of DM Agra after hearing the parties.