Arun Kumar vs The State Of Bihar
2021 Latest Caselaw 83 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.9812 of 2020
     ======================================================

Arun Kumar, Son of Dasai Raut resident of village- Budhuapur, Ward No. 8, P.s.- Riga, District- Sitamarhi

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Excise department, Government of Bihar, Patna

2. The District Magistrate, Sitamarhi

3. The Superintendent of Police, Sitamarhi

4. The Superintendent of Excise, Sitamarhi

5. The Excise Inspector, Sitamarhi

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 07-01-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"For issuance of an appropriate writ in the nature of mandamus directing and commanding the respondents authorities to release three wheeler (passenger) bearing Registration No. BR30PA2668 in connection with C2-07/20 in favour of the petitioner, whereby and whereunder the respondents authorities have seized Nepali liquor 108 liters and Rs.20,500/- and for any other relief/reliefs as your Lordship may fit and proper."

Informant is a police officer who has alleged in his self-

statement that on 02.01.2020 B COY, 20Bn, SSB handed over

petitioner to him who was arrested with illicit liquor and cash of Patna High Court CWJC No.9812 of 2020 dt.07-01-2021

Rs. 20,500/-, for which case bearing no. C2-07/20 was instituted

for the offence punishable under Section 30(a) of the Bihar

Prohibition and Excise Act, 2016.

As there is no allegation of recovery of any illicit liquor

from the seized three wheeler, the seized three wheeler and cash

of Rs. 20,500/- are not liable for confiscation under section 56

of the Bihar Prohibition & Excise Act, 2016 and the Special

Court (Excise) where the case is pending has jurisdiction to pass

order of release of seized vehicle and cash.

Writ petition is disposed of with liberty to petitioner who

is the owner of the vehicle to file an application under Section

451 of Cr.P.C for release of his truck and seized cash, in the

concerned Special Court (Excise), who shall dispose of such

petition within 30 days from the date of its filing.

(Sanjay Karol, CJ)

( Anjani Kumar Sharan, J) Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.01.2021
Transmission Date       NA