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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, ALOK KUMAR PANDEY
Vipin Kumar, Son of Pavan Malakar – Appellant
Versus
State of Bihar, through the Excise Commissioner cum Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
This writ petition has been filed by the petitioner against the order dated 28.01.2025 passed in Excise Appeal Case No. 01 of 2025 by the Excise Commissioner, Bihar, Patna affirming the order dated 16.07.2024 passed by the Sub Divisional Officer, Gopalganj in Confiscation (Excise) Case No. 290 of 2024.
2. In the instant writ petition, petitioner has prayed for the following reliefs :
“(I) To quash/ set aside the impugned order dated 28.01.2025 passed in Excise Appeal Case No. 01/2025 by the learned Excise Commissioner, Bihar, Patna as contained in Annexure-P/5 to this writ application by issuing a writ to the nature of Certiorari.
(II) To quash/set aside the impugned order dated 16.07.2024 passed in Sub Divisional Confiscation (Excise) Case No. 290 of 2024 by the learned Sub Divisional Magistrate, Gopalganj as contained in AnnexureP/3 to this writ application by issuing a writ to the nature of Certiorari.
(III) To give order/orders, direction/directions commanding the respondent authorities to release the Swift Dzire Car of the petitioner by issuing a writ in the nature of Mandamus.
(IV) To give order/orders, direction/directions commanding the respondent
The court upheld the confiscation of a vehicle used for illicit liquor transport but modified the penalty to Rs. 3,00,000, affirming the importance of evidence over a lack of criminal antecedents.
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....
Habitual offenders may face stricter measures regarding confiscation of vehicles involved in illegal activities, despite claims for release under statutory provisions.
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 acquittal of accused in a criminal trial must be considered in confiscation proceedings, protecting property rights under Article 300A.
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