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Supreme Court of India 2021-05-25 disposed

Aman Kumar vs State of Bihar and Others

Bench: 2 — S. Kumar

In Brief

A vehicle owner challenged the confiscation and auction of his seized car, claiming he was not served with notice of the confiscation proceedings. The Supreme Court declined to directly order the vehicle's release but instead disposed of the writ petition with liberty to the petitioner to file a recall petition. The Court held that the confiscating authority must first examine whether valid notice was served. If no proper notice was given, the authority must recall the ex parte order and hear the petitioner. If notice was validly served but the petitioner failed to contest, the recall petition shall be dismissed, with the petitioner then free to appeal to the appellate authority. This approach preserves administrative remedies while protecting due process rights."

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