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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, S.B.Pd.Singh
Sharad Navnath Gange Son of Navanath – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Registration and Excise, Bihar, Patna – Respondent
Judgment :
JUSTICE S. B. PD. SINGH, J.
Heard the parties.
2. The present writ petition has been filed by the petitioner seeking following reliefs:-
“(i) For issuance of a writ in the nature of Certiorari for quashing the order dated 20.02.2023 passed in Excise Confiscation Case No. 04/2023 issued under the signature of Respondent No. 5 whereby and where under the truck (container) of the Petitioner bearing Registration No. MH-04JU-0423 was confiscated and a recommendation has been made to Sub Divisional Officer, Mahua for initiating the process of auction without the compliance of the doctrine of principles of natural justice which is inextricable and inseparable part of any punitive and harsh action causing loss of property and livelihood of the Petitioner.
(ii) For directing the Respondents to release the truck (container) of the Petitioner bearing Registration No. MH-04JU-0423 if not auctioned as yet or pay the adequate compensation with interest since the order of confiscation dated 20.02.2023 that has been passed in flagrant violation of the Principles of Natural Justice without serving any notice to the Petitioner.
(iii) For any other relief/ reliefs if the Petitioner found entitle
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....
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....
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....
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