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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ALOK KUMAR PANDEY
Md. Hasmuddeen Ali S/o Md. Shafique Mansuri – Appellant
Versus
State of Bihar through Secretary Excise and Prohibition Department Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. factual background of motorcycle confiscation (Para 1 , 2) |
| 2. arguments regarding lack of involvement in illegal activities (Para 3 , 4) |
| 3. court's analysis on principles of natural justice (Para 5 , 6 , 7) |
| 4. ratio decidendi on vehicle confiscation legality (Para 8) |
| 5. final ruling and order to release the motorcycle (Para 9) |
ORAL JUDGMENT :
MOHIT KUMAR SHAH, J.
The present writ petition has been filed for quashing the order dated 05.01.2024, passed by the learned Court of Sub- Divisional Magistrate, Gopalganj in Sub-Divisional Confiscation (Excise) Case No. 1047 of 2023 whereby and whereunder the motorcycle of the petitioner bearing registration No. N/A, Chassis No. MBLHAR071JHL13627 and Engine No. HAI0AGJHLB2192, has been directed to be confiscated and put on auction sale.
2. The short facts of the case, according to the petitioner are that his motorcycle bearing Registration No.BR05AE-7596 (Hero Splendor+) having the same chassis and engine number, as aforesaid was stolen in the evening of 09.05.2022 from Puran Chapra Market, leading to him having lodged an FIR for theft of his motorcycle bearing Chakiya P.S. Case No.180 of 2022 dated 10.05.2022, registered under Sec
Confiscation of property requires evidence of owner's involvement in the crime; lack thereof violates fundamental rights.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
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 court held that evidence must sufficiently establish vehicle involvement in offences, and the claimant must prove no knowledge or participation in illegal activities for release from confiscation....
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