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JITENDRA KUMAR
Kalam Ansari, Son Of Jahril Ansari – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Jitendra Kumar, J.)
The present petition has been filed under Section 482 Cr.PC for quashing and setting aside the order dated 28.11.2023 passed by Ld. Special Judge (Excise), Court No.-II, Muzaffarpur in Excise P.S. Case No. 1777 of 2023 dated 11.09.2023 registered for the offences punishable under Sections 30(a), 32(2) and 48 of Bihar Prohibition and Excise Act, whereby Ld. Special Court has rejected the application filed on behalf of the Petitioner to release the seized Truck bearing Registration No. JH-10CR-7110, Chassis No. MC2ERHRC0PDB05988, Engine No. E446CDP063534 in favour of the Petitioner holding that the jurisdiction of the Special Court is barred under Section 60 of the Bihar Prohibition and Excise Act to release the vehicle seized under the Act.
2. As per the materials on record, the vehicle in question was seized by the Police with 2847 liter liquor and subsequently, Excise P.S. Case No. 1777 of 2023 dated 11.09.2023 was lodged against the owner, who is the Petitioner herein, and other two Accused persons for offence punishable under Sections 30(a), 32(2) and 48 of Bihar Prohibition and Excise (Amendment) Act.
3. Heard Ld. Counsel for the Petitioner and Ld.
The Special Excise Court lacks jurisdiction to release seized vehicles under the Bihar Prohibition and Excise Act, but the High Court retains writ jurisdiction to address arbitrary seizures.
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....
The main legal point established in the judgment is the need for timely initiation and conclusion of confiscation proceedings under the Bihar Prohibition and Excise Act, 2016, and the introduction of....
The main legal point established in the judgment is the need for expeditious implementation of the Bihar Prohibition and Excise Act, 2016, particularly in the initiation and conclusion of confiscatio....
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