Saket Khetan vs The State Of Bihar
2021 Latest Caselaw 173 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9859 of 2020
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Saket Khetan, Son of Krishna Murari Khetan, Resident of Mohalla- New

Colony, Gandhi Chowk, Police Station- (Chapra) Town, Saran at Chapra.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Excise, Department,

Government of Bihar at Patna.

2. The District Magistrate Saran at Chapra.

3. The Superintendent of Police Saran at Chapra.

4. The Sub- Divisional Officer Sadar, Saran.

5. The Officer In-charge Chapra Town Police Station, Saran.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. (Dr.) Rajesh Kumar Singh, Advocate

For the Respondent/s : Mr. Vikash Kumar, SC-11

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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 petitioner and learned

counsel for the respondents.

Petitioner has prayed for the following relief:-

"That this is an application being filed for issuance of appropriate writ or writs, direction of directions, order or orders commanding the competent Patna High Court CWJC No.9859 of 2020 dt.18-01-2021

authorities to release the Royal Enfield Bullet Motory Cycle bearing Registration No.BR04W8055, Chassis No. ME3U3S5C1HE121201, Engine No. U3S5C1HE038901 in favour of the petitioner which has been seized in connection with Town (Chapra) P.S. Case No.748 of 2019."

It is alleged that on the basis of secret information to

the effect that one Shyam Babu Mahto and his family members

are indulged in the trade of illicit liquor, his house was raided

from where total 677.490 litres of Indian Made Foreign Liquor

was recovered and a Bullet motorcycle bearing Registration No.

No.BR04W8055 was seized, leading to registration of Town

(Chapra) P.S. Case No. 748 of 2019 for the offences punishable

under Sections 30(a), 41(i) (ii) of the Bihar Prohibition &

Excise Act, 2018.

As there is no allegation of recovery of any illicit

liquor from the seized motorcycle, same is not liable for

confiscation under section 56 of the Bihar Prohibition & Excise

Act, 2016 and the Special Court (Excise) where the criminal

case is pending has jurisdiction to pass order of release of seized

motorcycle.

Writ petition is disposed of with liberty to petitioner

who is owner of the motorcycle to file an application under

Section 451 of Cr.P.C for release of his motorcycle in the Patna High Court CWJC No.9859 of 2020 dt.18-01-2021

concerned Special Court (Excise) who shall dispose of such

petition within 30 days from the date of its filing.

(Sanjay Karol, CJ)

( Prabhat Kumar Singh, J)

Anil/Ashwini AFR/NAFR CAV DATE Uploading Date 19.01.2021 Transmission Date