Delhi High Court - Orders
Deepak Hooda vs The Excise Commissioner And Anr on 17 January, 2019
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4760/2014 & CM No. 9475/2014
DEEPAK HOODA ..... Petitioner
Through: Mr Vimal Duggal, Advocate.
versus
THE EXCISE COMMISSIONER AND ANR. ..... Respondents
Through: Mr Gautam Narayan, ASC for
GNCTD with Ms Shivani Vij and Ms
Mahamaya Chatterjee, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 17.01.2019
1. The short question involved in the present petition is whether the Deputy Commissioner (Excise) has power to confiscate a vehicle under Section 58 of the Delhi Excise Act, 2009. And, thereafter, proceeded to sell the same under Section 59(4) of the said Act even while the trial for commission of such offence is pending before the concerned Court.
2. Mr Gautam Narayan, learned counsel appearing for the respondents has referred to Section 59(2) of the aforesaid Act and submitted that irrespective of whether prosecution has been allowed or not, the Deputy Commissioner (Excise) would have the power to confiscate the vehicle if he is satisfied that the vehicle is involved in the commission of an offence under the said Act.
3. List for further proceedings on 12.04.2019.
VIBHU BAKHRU, J JANUARY 17, 2019/MK