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TMI Blog2024 (3) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. As such, the words as well as the buyer expunged from paragraph 6 of the impugned order so also the observations made in paragraph 8 against the buyer. Appeal allowed. - HON'BLE MR. JUST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Ms. Vanita Bhargava, learned counsel appearing for the appellant, Mr. S N Bhat, learned senior counsel appearing for respondent nos. 2 and 3 and Mr. V. N. Raghupathy, learned counsel appearing for respondent no.1. 4. By the impugned order, the High Court dismissed the petition filed by respondent nos. 2 and 3 herein, which was filed challenging the order of confiscation of spirit. 5. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey are also facing the trial before the Trial Court and they have not challenged either the charge sheet or confiscation of the spirit. 8. The High Court, in paragraph 8, further observed that; ...However, it is pertinent to note that the petitioners cannot be made liable for any payment of value of the spirit to either the distillery owner or the buyer as they are involved in crime. 9. We find th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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