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Supreme Court of India 2022-04-20 allowed

Gourishankar Gupta vs State of Chhattisgarh and Ors

Bench: 1 — Goutam Bhaduri

In Brief

A vehicle carrying 9.9 liters of illicit liquor was seized during a police raid and crime was registered under the Chhattisgarh Excise Act. Confiscation proceedings were initiated, and the vehicle owner sought interim custody pending conclusion of those proceedings. The Collector dismissed the application without assigning reasons. The High Court held that the dismissal order was cryptic and unjustified. Since the vehicle would suffer decay and loss of road-worthiness while lying in police custody, it was directed to be released on interim basis subject to conditions including proper documentation, photography, and a security bond.

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Excise Law Confiscation Interim Custody Civil Procedure Administrative Law High Court Powers

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