Confiscation under the Abkari Act stands where the owner fails to prove lack of knowledge, connivance, and due precautions against misuse.
Confiscation under Section 67C(2) of the Abkari Act will be disturbed only if the owner proves that the conveyance was used without the knowledge or connivance of the owner, agent and person in charge, and that all of them took reasonable and necessary precautions against misuse. The record showed use of the vehicle by the petitioner's brother, who was involved in the offence, and there was no proof that the person in charge had taken the required precautions. The confiscation was therefore upheld and the challenge failed.
Issues: Whether confiscation of the vehicle under the Abkari Act was liable to be interfered with when the owner failed to establish that the vehicle was used for the offence without the knowledge or connivance of the owner, his agent, and the person in charge, and without proof that all reasonable and necessary precautions had been taken.
Analysis: Section 67C(2) bars confiscation only if the owner proves to the satisfaction of the authorised officer that the conveyance was used without the knowledge or connivance of the owner, his agent, and the person in charge, and that each of them had taken all reasonable and necessary precautions against such use. The record showed that the vehicle had been used by the brother of the petitioner, who was himself involved in the offence, and there was nothing to establish that the person in charge had taken the required precautions. The prior involvement of the brother in a similar case further supported the conclusion that due precautions had not been taken.
Conclusion: The confiscation was upheld and the challenge to the orders failed.
Final Conclusion: The writ petition was dismissed and the confiscation orders were left undisturbed.
Ratio Decidendi: Confiscation under Section 67C(2) cannot be avoided unless the owner proves both absence of knowledge or connivance and compliance with the requirement that the owner, agent, and person in charge took all reasonable and necessary precautions against misuse of the vehicle.
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AI Drafter ✕
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