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PUSHPENDRA SINGH BHATI
Excise Commissioner, Udaipur – Appellant
Versus
Vimal Jain W/o. Subhash Chand Jain – Respondent
ORDER :
1. Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.17477/2022, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.
1.1. The prayer clauses read as under :
B. Any other relief which this Hon’ble Court deems fit in the interest of the Petitioner may kindly be granted.
C. Cost of the writ petition may kindly be awarded to the petitioner.”
2. Brief facts, which emanates from the pleadings, are that on 04.07.2015, a tanker (hereinafter also referred to as ‘vehicle in question’) of the respondent was inspected by the District Excise Officer (Distillery), Udaipur, during the course of which, theft of the spirit was found.
2.1
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....
Vehicle owners must prove lack of knowledge and reasonable precautions in confiscation cases under the Excise Ordinance.
Vehicle owners cannot be penalized for release if their vehicle was stolen and they are not involved in criminal activities, reaffirming judicial principles of justice.
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