Supreme Court · 2007 INSC 682 · Decided 5 June 2007
The COMMISSIONER. Prohibition and Excise, A.P. and ANR. v. Sharana Gouda
- Court
- Supreme Court of India
- Citation
- 2007 INSC 682 · [2007] 7 S.C.R. 935
- Case number
- CRIMINAL APPEAL No. 1137/2002
- Decided
- 5 June 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
Headnote
B ~ Andhra Pradesh Excise Act, 1968 Section 45, proviso-Vehicle of owner found being used by third person c for carrying contraband liquor-Confiscation of vehicle-Set aside by High Court on the ground that there was no mens rea involved-Held:-Ejfect of omission of the proviso has not been respondent was taken by his friend on 20.11.1994, for his D ~, use, later, he came to know that the said vehicle was checked by Excise officials and it was found carting contraband liquor. The vehicle was directed to be confiscated. The respondent filed writ petition before the High Court
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