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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, S.B.PD.Singh
Sunil Kumar, son of Kamleshwar Yadav – Appellant
Versus
State of Bihar through the Secretary Prohibition and Excise Department – Respondent
JUDGMENT :
S. B. PD. SINGH, J.
In the instant petition, petitioner has prayed for the following relief(s):-
i) To set aside the order dated 15.02.2024 passed by the learned Assistant Commissioner of Excise, Gaya in Memo No. 125 dated 01.04.2023 in Excise Confiscation Case No. 841/2022, and the order dated 03.07.2023 passed by the Excise Commissioner, Patna in Excise Appeal Case No. 89/2023 in connection with Dobhi P.S. Case No. 663/22.
(ii) To direct the respondents to release the seized Mahindra Bolero bearing Registration No. JH03L-5222, Engine No. GHF4A55091, Chassis No. MA1XA2GHKF5A22539, in favour of the petitioner, which was stolen on 18.02.2022 from the house of the brother in law of the petitioner and seized by Dobhi, Gaya PS on 30/07/2022.
(iii) To grant any other relief (s) as deemed appropriate under the law.
2. The relevant facts of the case as emerging from the record are that petitioner is the owner of Mahindra Bolero vehicle bearing Chasis no. MA1XA2GHKF5A22539, Engine no. GHF4A55091 which was registered with the Transport Department with Registration No. JH03L-5222. On 18.02.2022. The Bolero vehicle of the petitioner was stolen from the residence of his brother-in-law nam
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, with specific timeframes prov....
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