Patna High Court
Mr. Sumit Kumar vs The State Of Bihar on 16 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5219 of 2021
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Mr. Sumit Kumar, Son of Sri Akhilesh Kumar, Resident of Village - Sonama,
Sonawan Kothia, P.S. Didarganj, District- Patna, Bihar- 800009.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Old Secretariat, Patna.
2. The Divisional Commissioner, Patna Division, Patna.
3. The Collector-cum-District Magistrate, Patna.
4. The Senior Superintendent of Police, Patna.
5. The Superintendent of Police, Patna West, Patna.
6. The Station Head Officer, Danapur Police Station, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Apurv Harsh, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP-7)
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(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 16-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"(I) For issuance of appropriate writ/order
directing the respondent authorities for release
of the Maruti Desire Car bearing Registration
No. BR01EJ9395 which has been seized by the
Police in Danapur (O.P.) P.S Case No. 759 of
2020 dated 27.12.2020, Spl. Case No. 7684/20
pending before the court of Special Judge
Excise, Patna, registered for offences
punishable under section 30(A), 37(B) of Bihar
Patna High Court CWJC No.5219 of 2021 dt.16-07-2021
Prohibition & Excise Act, 2016.
(II) For issuance of appropriate writ(s),
order(s), or direction(s) directing the
Respondent to take no coercive measure
against the Petitioner in connection with the
P.S. Case No. 759 of 2020 dated 27.12.2020,
Spl. Case No. 7684 of 2020 pending before the
court of Special Judge Excise, Patna, registered
for offences punishable under section 30(A),
37(B) of Bihar Prohibition & Excise Act, 2016.
( III) For any other relief or reliefs to which the
Petitioner is entitled in the facts and
circumstances of the case."
It is submitted that no illicit liquor was recovered
from the vehicle, as such seized vehicle is not liable for
confiscation. Allegation against driver of the seized vehicle is to
be found in a drunken condition and petitioner is the owner of
the seized vehicle.
It has been further submitted that seized vehicle is not
liable for confiscation under Section 56 of the Excise Act, as
such, bar of jurisdiction in confiscation under section 60 of the
Excise is not applicable and the special court excise has
jurisdiction to pass order for release of seized vehicle during
pendency of trial.
Petitioner would be at liberty to file a petition before
the special court excise under section 451 of Cr.P.C. and if any
such petition is filed for release of vehicle the special court
excise shall dispose of such petition within 30 days from the
Patna High Court CWJC No.5219 of 2021 dt.16-07-2021
date of its filing.
Petition stands disposed of with the aforesaid
observations/directions.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
