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    <title>2015 (12) TMI 1035 - KERALA HIGH COURT</title>
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    <description>Confiscation of a vehicle under the Kerala Abkari Act depends on more than proof of its use in an offence: the authority must be satisfied that the use occurred with the owner&#039;s knowledge or connivance, or without reasonable precautions by the owner. Section 67C(2) places a positive burden on the owner to rebut that inference, and a bare denial is insufficient. On the stated facts, the owner&#039;s lack of complicity was treated as probable, supported by the small quantity involved, the driver&#039;s acquittal, and other surrounding circumstances, so the confiscation order was unsustainable and release of the security was directed.</description>
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    <pubDate>Fri, 20 Nov 2015 00:00:00 +0530</pubDate>
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      <description>Confiscation of a vehicle under the Kerala Abkari Act depends on more than proof of its use in an offence: the authority must be satisfied that the use occurred with the owner&#039;s knowledge or connivance, or without reasonable precautions by the owner. Section 67C(2) places a positive burden on the owner to rebut that inference, and a bare denial is insufficient. On the stated facts, the owner&#039;s lack of complicity was treated as probable, supported by the small quantity involved, the driver&#039;s acquittal, and other surrounding circumstances, so the confiscation order was unsustainable and release of the security was directed.</description>
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