Shyam Saw vs The State Of Bihar
2021 Latest Caselaw 3567 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11738 of 2021
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Shyam Saw Son of Late Ramchandra Sav Resident of Rashtriya Ganj, Kotar Mil Colony, Phulwari, P.s.- Phulwari Shareef, District- Patna- 801505

... ... Petitioner/s Versus

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

2. The District Magistrate, Patna

3. The Superintendent of Police, Patna

4. The Station House Officer, Police Station, Danapur, Patna

5. The Investigating Officer of Danapur P.S. Case no. 818/2017

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

For the Petitioner/s : M/s Saket Anand Chhaya Kirti, Ajay Kumar, Abhay Kumar, Advocates For the Respondent/s : Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 20-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s) :-

"For issuance of appropriate writ(s), order(s), direction(s) in the nature of mandamus directing and commanding the respondent authorities to release the vehicle the TVS MOPED bearing registration No. BHR1BVA-6724 Danapur P.S. Case No. 818 of 2017 registered under Section 37(b) of Bihar Prohibition and Excise Act, 2016."

Patna High Court CWJC No.11738 of 2021 dt.20-07-2021

A. Any other relief(s) for which the petitioner is found entitled to."

Petitioner claims to be owner of the motorcycle and as

there was no recovery of any illicit liquor from said motorcycle,

seized motorcycle is not liable for confiscation and bar of

jurisdiction in confiscation under Section 60 of the Excise Act is

not applicable and the Special Court (Excise) where the excise

case is pending has jurisdiction to pass an order for release of

the motorcycle.

The writ petition is disposed of with liberty to petitioner

to file a petition under Section 451 of Cr.P.C. for release of the

motorcycle and the Special Court (Excise) where the excise case

is pending is directed to dispose of such petition within 30 days

from the date of its filing.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.07.2021
Transmission Date       NA