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P. B. BAJANTHRI, JITENDRA KUMAR
Munna Ram – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present civil writ petition under Article 226 of the Constitution of India has been preferred praying for the following reliefs:—
“(1) Release of the Tata Vehicle 207 RX bearing Registration No. BR-01-GH-1131 in favour of the petitioner which is seized in connection with Dulhin Bazar P S Case No. 108 of 2022 dated 09.05.2022 instituted Under Section 279 / 337 and 338 of the Indian Penal Code read with Section 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016 as amended in 2018 within the jurisdiction of Dulhin Bazar Police Station ;
(ii) Restraining the Respondents from taking any coercive action in connection Dulhin Bazar PS Case No. 108 of 2022 dated 09.05.2022 instituted Under Section 279 / 337 and 338 of the Indian Penal Code read with Section 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016 as amended in 2018 within the jurisdiction of Dulhin Bazar Police Station.”
2. The relevant facts, as emerging from the record, are that on written report of one Saurabh Sinha, Dulhin Bazar P.S. Case No. 108 of 2022 was registered on 09.05.2022 for offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Section 37 (b)(c) of the Bih
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
The main legal point established in the judgment is the need for timely initiation and conclusion of confiscatory proceedings under the Bihar Prohibition and Excise Act, 2016, and the issuance of dir....
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