MANISHKUMAR KARISHBAI PATELversusU T ADMINSTRATION OF DADRA AND NAGAR HAVELI AND DAMAN AND DIU THROUGH THE SECRETARY EXCISE

             Digitally signed
             by ARUNA
 ARUNA     SANDEEP
 SANDEEP   TALWALKAR
 TALWALKAR Date:
             2026.10.06
             15:09:54 +0530
                                                             53.wp-7559-2026.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO.7559 OF 2026

Manishkumar Karishbai Patel                  … Petitioner
     Versus
U T Administration of Dadra and Nagar Haveli
and Daman and Diu and ors.                   .… Respondents

                               ****
Adv. Mahaling Pandarge, Adv. Abhijeet Sammi, for the petitioner.
Mr./Smt./Ms. , AGP for the respondent-State.
Adv. Harsh Dedhia, for respondents.
                               ****
                             CORAM : M. S. KARNIK &
                                        SANDESH D. PATIL, JJ.

                                       DATE :   5th OCTOBER 2026

P.C. :

1.           Heard the learned Counsel for the Petitioner.

2.           The challenge in this Petition is to the Confiscation Order

dated 1/6/2025 regarding the vehicle in question i.e. Hyundai

Creta (GJ-15-CF-9692) and seeks a Writ of Mandamus for its

immediate release, following the Respondents’ failure to provide a

hearing and the discovery of the vehicle’s unauthorised personal

use by government officials. The submissions of the learned

Counsel for the Petitioner is that merely because the vehicle was

in close proximity with another vehicle involved in transporting



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liquor bottles, the Petitioner cannot be penalised.

3.          We find that the Petitioner has filed Appeal and

Application for release of Vehicle before the Deputy Commissioner

of Excise, U.T. Administration of Dadra & Nagar Haveli and Daman

& Diu, Silvassa. The learned Counsel for the Petitioner submits

that said appeal be heard and finally decided. Considering that the

vehicle is confiscated on 1/6/2025, the Deputy Commissioner of

Excise, Silvassa to hear and decide the appeal expeditiously, in any

case within a period of 4 weeks from the receipt of intimation of

this order and convey the decision the Petitioner.

4.          The learned Counsel for the Respondents submits that the

appeal would lie before the Administrator and not before the

Deputy Commissioner of Excise, Silvassa before whom the Appeal

is filed. The Deputy Commissioner of Excise may transfer the said

appeal to the Administrator.

5.          The learned Counsel for the Petitioner submits that he

would argue the appeal before the Administrator. The Petitioner is

permitted to carry out necessary amendments in the appeal. All

contentions are kept open.

6.          The appeal be decided within 4 weeks on communication



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of this order, on its own merits and in accordance with law.

7.          With the above observations, the Writ Petition is disposed

of.



(SANDESH D. PATIL, J.)                             (M. S. KARNIK, J.)




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