Patna High Court
Sima Devi vs The State Of Bihar on 18 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10065 of 2020
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Sima Devi Wife of Vijay Kumar @ Vijay Yadav Resident of Village- Bhandar,
Post- Sangrampur, P.S.- District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Registration, Excise and Prohibition Department,
Govt. of Bihar, Patna.
3. The Collector-cum-District Magistrate, Lakhisarai.
4. The Superintendent of Police, Lakhisarai.
5. The Excise Officer, Block- Lakhisarai, District- Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Respondent/s : Mr. Kumar Manish, SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-01-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"I. For issuance of writ in the nature of Mandamus
to direct the respondents to release the vehicle i.e. Hero
Splender + Motor Cycle bearing Registration No. BR46D-
3053, Chassis No. MBLHA10CGGHC58887, Engine No.
HA10ERGHC56463 of the petitioner which was seized in
connection with Excise Case No. 190 C2 of 2019 registered
Under Sections 30(c), 2[40(vi)] and 13 of the Bihar
Prohibition and Excise Act 2018 and Section 2(e), 3, 5 (B)
and 18 of Bihar Excise Mahua Flower Rule, 2006"
II. For direction to the respondents to release the
vehicle i.e. Hero Passion Pro Motor Cycle bearing
Registration No.BR46D-3053, Chassis No.
MBLHA10CGGHC58887, Engine No. HA10ERGHC56463
Patna High Court CWJC No.10065 of 2020 dt.18-01-2021
as she is the registered owner of the said vehicle."
III. For any other relief or reliefs for which the
petitioner is entitled in the facts and circumstances of the
case."
Petitioner has filed this case for release of his vehicle
which was seized by the police carrying 120 Kgs of Mahua
Flower.
In view of judgment and order dated 09.07.2019 passed
by a Division Bench of this Court in CWJC No. 23163 of 2018
(Umesh Kumar @ Umesh Mahato Vs State of Bihar and its
analogous cases), recovery of mahua flower in its raw form
itself does not constitute any offence under Bihar Prohibition &
Excise Act, 2016, as mahua flower does not come within the
definition of intoxicant defined under section 2(40) of the Act
unless it is converted into spirit or spiced spirit or is in process
of such conversion.
The writ petition is disposed of with a direction to the
petitioner to appear before the District Collector/Confiscating
Officer, Lakhisarai, on 18.02.2021 and District Magistrate,
Lakhisarai shall provisionally release the vehicle of petitioner
after due identification of ownership of the vehicle and on
production of ownership and registration documents with
respect to vehicle in question in his name with two sureties (one
local) to the extent of the value of the vehicle as indicated in the
Patna High Court CWJC No.10065 of 2020 dt.18-01-2021
insurance document.
The release shall be allowed within a period of 14 days
from the date of submission of the sureties as stated above,
which would however be subject to finalization of the
confiscation proceeding.
With said observations, this writ petition is disposed of.
(Sanjay Karol, CJ)
( Prabhat Kumar Singh, J)
Ashwini/Anil
AFR/NAFR
CAV DATE
Uploading Date 19.01.2021
Transmission Date
