Deciding Authority: Supreme Court
Year: 2014
The facts giving rise to the present appeal are that while constables Raghmender Singh and Sunil were on night patrolling duty at Kirari Nithari turn on 17th of April, 2011, they saw a vehicle coming from the side of the Nithari Village. Constable Raghmender Singh signalled the driver to stop the vehicle, but he did not accede to his command and turned the vehicle into the Prem Nagar Extension Lane. Both the constables chased the vehicle on their motorcycle and the driver of the vehicle, apprehending that he would be caught, left the vehicle and ran away from the place, taking advantage of the darkness. The vehicle abandoned by the driver was “Cruiser Force” and had registration No. HR-56- 7290. After opening of the windows of the vehicle, 27 Cartons, each containing 12 bottles of 750 ml. Mashaledar country-made liquor and 20 Cartons, each containing 48 quarters of Besto Whisky were found inside the vehicle. All the 47 Cartons were embossed with ‘Sale in Haryana only’. Constable Raghmender Singh gave a report to the police and on that basis FIR No. 112 of 2011 dated 17.04.2011 was registered at Aman Vihar Police Station under Section 33(a) and Section 58 of the Delhi Excise Act, 2009. During the course of investigation, Narender, respondent herein, claiming to be the owner of the vehicle, filed an application for its release on security, before the Metropolitan Magistrate, Rohini, who, by his order dated 24th of May, 2011 rejected the same, inter alia, holding that he has no power to release the vehicle seized in connection with the offence under the Delhi Excise Act. The respondent again filed an application for the same relief i.e. for release of the vehicle on security before the Metropolitan Magistrate but the said application also met with the same fate. By order-dated 14th of July, 2011, the learned Metropolitan Magistrate declined to pass the order for release, inter alia, observing that any order directing for release of the vehicle on security would amount to review of the order dated 24th of May, 2011, which power the court did not possess.
Judgment:
From the statutory provisions and the analysis made in the foregoing paragraphs the position that emerges is that the learned Magistrate and the learned Sessions Judge were right in holding that on facts and in the circumstances of the case, it is the Authorized Officer who is vested with the power to pass order of interim custody of the vehicle and not the Magistrate.
The High Court was in error in taking a view to the contrary and in setting aside the orders passed by the Magistrate and the Sessions Judge on that basis.” From a conspectus of what we have observed above, the impugned order of the High Court is found to be vulnerable and, therefore, the same cannot be allowed to stand.
To put the record straight it is relevant here to state that the counsel for the respondent had not, and in our opinion rightly, challenged the vires of the provisions of the Act in view of the decision of this Court in the case of Oma Ram v. State of Rajasthan, (2008) 5 SCC 502, which upheld a somewhat similar provision existing in the Rajasthan Excise Act.
In the result, we allow this appeal, set aside the impugned judgment and order of the High Court and hold that the High Court exceeded in its jurisdiction in directing for release of the vehicle on security.