IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6914 of 2022
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Vinod Kumar Singh, Son of Nayan Prasad Singh, Resident of Village- Rampur, P.O. Dindyalpur, P.S. G.B. Nagar, District-Siwan.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Custom and Excise Department Government of Bihar Patna.
2. The District Magistrate, Siwan.
3. The Superintendent of Police, Siwan District-Siwan.
4. The District Transport Officer, Siwan District-Siwan.
5. The Station Head Officer, Guthani, District-Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Advocate For the Respondent/s : Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-05-2022 Heard learned counsel for the parties. Petitioner has prayed for following relief:- Patna High Court CWJC No.6914 of 2022 dt.11-05-2022 2/3 Allegation against the driver of aforesaid car is of driving the vehicle in a drunken condition. There is no allegation of recovery of any illicit liquor from the seized vehicle.
It is submitted by learned counsel for the petitioner that the petitioner claims to be the owner of the vehicle in question and he has all the valid documents of the said vehicle.
As there is no allegation of recovery of any illicit liquor from the seized vehicle, same is not liable for confiscation under section 56 of the Bihar Prohibition & Excise Act, 2016 as such, bar of jurisdiction in confiscation under section 60 of the Excise Patna High Court CWJC No.6914 of 2022 dt.11-05-2022 3/3 Act is not applicable and the concerned Special Court (Excise) where the criminal case is pending has jurisdiction to pass order for release of seized motorcycle.
Writ petition is disposed of with liberty to the petitioner, who claims to be owner of the seized vehicle, to file an application under Section 451 of Cr.P.C for release of his seized vehicle in the concerned Special Court (Excise) who shall dispose of such petition within 30 days from the date of its filing.
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