Patna High Court
Ghanshyam Singh vs The State Of Bihar, Through The ... on 20 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11596 of 2021
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Ghanshyam Singh Son of Late Kartik Narayan Singh resident of Near Malang
Asthan Bhikhanpura North, P.S. sadar, District- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary Prohibition, Excise and
Registration Department, Govt. of Bihar, Patna.
2. The Collector, West Champaran, Bettiah.
3. The Superintendent of Police, West Champaran, Bettiah.
4. The Police Inspector- cum- Station House Officer, Bettiah Mufassil Police
Station.
... ... Respondent/s
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their residences
/offices.)
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari, Adv
For the Respondent/s : Mr.Vivek Prasad ( GP-7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 20-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief:-
"(I). To direct the respondent authorities for
release of the vehicle i.e. Tractor bearing Registration No.
BR06GB5339 Chesis No. RINW2059, which having been
recovered, thereupon, seized by the police in connection
with Bettiah Mufassil PS Case No. 13/18 dated 10.01.2018
instituted under Section 414 of IPC and 38/41 of Bihar
Prohibition and Excise Act, 2016."
Patna High Court CWJC No.11596 of 2021 dt.20-07-2021
It is submitted on behalf of petitioner that he is the
owner of the seized vehicle which was looted by unknown
miscreants on 04.01.2018 for which he has lodged FIR giving
rise to Bochaha PS Case No. 3 of 2018 for the offence
punishable under Section 394 of IPC and same was recovered
by the police giving rise to Bettiah Muffasil PS Case NO. 13/19
dated 10.01.2018 for the offence punishable under Section 414
and 38/41 of the Bihar Prohibition and Excise Act, 2016.
Counter affidavit has been filed by the respondents and
it has been stated in paragraph no. 9 that the police has not
recovered liquor in the tractor and that's why recommendation
for initiation of confiscation proceeding before the District
Magistrate, West Champaran, Bettiah for confiscation of the
tractor has not been sent by Superintendent of Police, West
Champaran, Bettiah.
In such view of the matter, as the seized tractor is not
liable for confiscation under Section 58 of the Excise Act, 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 tractor. Learned Special Judge
had also observed in its order that a report from the police was
also called and police has filed report dated 04.11.2018 in which
Patna High Court CWJC No.11596 of 2021 dt.20-07-2021
I.O. has stated that from verification of DTO Office, petitioner
is owner of the vehicle and chargesheet has been submitted and
police has no objection if court passes the order to release the
vehicle.
Accordingly, the order dated 11.11.2019 passed by
Special Judge, Excise, Bettiah, West champaran in Trial No. 196
of 2019 arising out of Muffasil PS Case No. 13 of 2018 is set
aside and the learned Special Court (Excise) is directed to pass
afresh order on the petition filed by petitioner for release of
vehicle within 30 days from the date of receipt/production of
copy of the order passed by this Court.
With said observations and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
