release
of the vehicle, the Special Court has to hear him to decide liablity
of the vehicle to confiscation and if it is proved ... seized vehicle before
confiscation of the seized vehicle. However, the
seized vehicle is not liable to be confiscated if the
owner of the seized vehicle
Kishanganj initiated confiscation proceeding
bearing Confiscation Case No. 559 of 2021 and vide order dated
16.10.2021, passed in the confiscation case, the vehicle bearing
Registration ... same at
any time before passing the order of confiscation.
(2) The confiscated Animal/vehicle/vessel/other
conveyance/premises or part thereof shall
when any person claims any right to the vehicle
seized, the vehicle is liable to confiscation only when its
owner fails to prove that ... vehicle, the Special Court has to hear him to decide liability
of the vehicle to confiscation and if it is proved by the
claimant that
when any person claims any right to the vehicle
seized, the vehicle is liable to confiscation only when its
owner fails to prove that ... release of the
vehicle, the Special Court has to hear him to decide liability of
the vehicle to confiscation and if it is proved
release of the
vehicle, the Special Court has to hear him to decide liability of
the vehicle to confiscation and if it is proved ... said vehicle before the court.
In any case, before handing over possession of such
vehicles, appropriate photographs of the said vehicle
should be taken
registered owner of the vehicle in question and his
vehicle has been arbitrarily seized and confiscated and directed to
be auctioned. He further submits that ... interpreted strictly as it has penal
consequences. But the confiscation authority confiscated the
vehicle in question by the impugned order. Even the Appellate
Authority
owner of the
vehicle in such illegal use of the vehicle is also an essential
prerequisite for confiscation of the vehicle or imposing any
penalty ... said that
the vehicle was used for conveyance of the contraband and the
vehicle is subject to confiscation. In Thausif Ahammad Bengre
Vs. State
Gopalganj vide order dated 12.01.2023
passed in Confiscation (Excise) Case No. 822 of 2022
confiscated the vehicle in question holding that it was used ... such illegal use of the vehicle, the
owner of the vehicle cannot be punished by seizure and
confiscation of the vehicle.
25. There is also
refundable.
(6) The owner of the vehicle/conveyance shall, after the
release of the vehicle/conveyance, produce the
vehicle/conveyance as and when required ... contend that the vehicle was used
in commission of the offence under the Act. Hence, the vehicle
cannot be seized and confiscated under the prohibition
owner of the vehicle in such illegal use of the
vehicle is also an essential prerequisite for confiscation of
the vehicle or imposing any penalty ... interpreted strictly as it has penal consequences. But
the confiscation authority confiscated the vehicle in
question by the impugned order. Even the Appellate
Authority
