2024 (3) TMI 851

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....MEHTA For the Petitioner : Mrs. Vanita Bhargava, Adv. Mr. Ajay Bhargava, Adv. Ms. Nandita Chauhan, Adv. Mr. Tridib Bose, Adv. Ms. Tijal Thakur, Adv. M/S. Khaitan & Co., AOR For the Respondent : Mr. V. N. Raghupathy, AOR Mr. Manendra Pal Gupta, Adv. Mr. Prakash Jadhav, Adv. Mr. Ravichandra Jadhav, Adv. Mr. Sanjeev Kumar, Adv. Mr. Dhanesh Ieshdhan, Adv. Mr. Vinod Kumar Srivastava, Adv. Mr. S N....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rt, were the transporters of the spirit which was transported from the outlet of the appellant herein to the purchasers of the spirit. The confiscation was done under the provisions of Section 43A of the Karnataka Excise Act, 1965. 6. The petitioners before the High Court i.e. respondent nos.2 and 3 had only impleaded respondent no.1 herein as the party respondent. In the impugned order, the Hi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....me." 9. We find that when the appellant herein was not a party respondent before the High Court and since there is no dispute that the appellant herein, was not made as an accused in the FIR, the observations pertaining to it were totally uncalled for. 10. As such, we expunge the words 'as well as the buyer" from paragraph 6 of the impugned order so also the observations made in paragraph 8 ....