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2016 (5) TMI 433 - HC - Indian LawsConfiscation of motor vehicle u/s 67B of the Abkari Act - Petitioner's vehicle being used by another person as an escort vehicle for another vehicle carrying certain contraband - Petitioner contended that his vehicle has not been used for committing any offence per se and he had no knowledge of or complicity in the alleged crime - Held that:- essentially going by the ratio of Assistant Excise Commissioner v. Paulson, which is a decision rendered by a learned Division Bench, I am of the view that Exts.P3 & P4 orders cannot be sustained. Further, since the petitioner's vehicle has not actually been used for committing the alleged offence, it may not assume any significance whether the petitioner has discharged his burden under Section 67(C) of the Act as regards his alleged knowledge of or complicity in the crime. Therefore, Exts.P3 and P5 orders cannot be sustained and are accordingly quashed. The respondent authorities are directed to refund forthwith to the petitioner the amount deposited by him at the time of his securing the interim custody of the vehicle. -Decided in favour of petitioner
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