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2023 Supreme(Pat) 1086

K. VINOD CHANDRAN, MADHURESH PRASAD
Ram Babu Ray – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Sada Nand Roy.
For the Respondents: Mr. Kumar Manish (SC-5).

Madhuresh Prasad, J.—Heard learned counsel for the petitioner and learned State counsel.

2. The petitioner is concerned with release of his Mahindra Scorpio vehicle bearing Registration No. BR-06-PD- 9548, Chassis No. MA1TA2TDKJ2G18230, and Engine No. TDJ4G75313 which has been confiscated under order dated 21.09.2020 passed by the Deputy Collector Land Reforms (DCLR), East Muzaffarpur in Confiscation Case No. 5 of 2020- 21 arising out of Brahampur P.S Case No. 370 of 2019 registered for offences under Sections 414, 411 and 412 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as “Act”).

3. The order of confiscation has been affirmed in Excise Appeal Case No. 159 of 2021 by the Excise Commissioner, Patna as also by the Additional Chief Secretary, Excise, Patna in Excise Revision Case No. 35 of 2021.

4. At 13:20, on 26.10.2019, the informant (police official) received information regarding a white Scorpio vehicle being stolen. He proceeded to verify the information and take necessary action. He reached the Chandni Chowk over-bridge when he received further information that the vehicle was tagged/enabled with Global Position

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