Patna High Court
Kamlesh Kumar vs The State Of Bihar on 10 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1495 of 2021
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Kamlesh Kumar Son of Takur Prasad Resident of Village- Gobarachha, P.S.-
Bhagwanpur, District- Kaimur. At Present, Resident of Village- Chhawni
Mohalla Bhabua Ward No.- 9, P.O. and P.S.- Bhabua, District- Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar through Commissioner Excise Department, Govt. of
Bihar.
2. The Commissioner, Excise of Bihar.
3. The Collector, Kaimur at Bhabua.
4. The Superintendent of Excise, Kaimur at Bhabua.
5. The Officer-in- Charge, Police Station D.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
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 : 10-03-2021
Petitioner has prayed for following reliefs:-
(1) For issuance of appropriate writ/writs for a
direction to the authorities concern to release the vehicle i.e.
Motor Car (L.M.V.) Scorpio-S-2 bearing Registration No.
BR26K6575, Chassis No.MA1TA2TDKG2K34479, Engine
No.TDG4K82125 and one Oppo Mobile having Sim
No.7274003463, IMEI No.863115044735936, IMEI
No.863115044735928 belongs to the petitioner seized in
Bhagwanpur P.S. Case No. 127/2020 for the offences u/s 30(a)
of Bihar Prohibition Excise Act, 2018 read with Sections 420,
497, 468, 353/34 of the I.P.C.
(ii) For a further direction to the authority concern,
i.e., the Collector, kaimur to stay the further proceeding of
confiscating case if any during pendency of this writ
application.
(iii) For releif/ reliefs as deemed fit and proper
under the fact and circumstances.
Patna High Court CWJC No.1495 of 2021 dt.10-03-2021
Informant who is a police officer in his self
statement, as recorded, upon which FIR was instituted has
stated that on receiving confidential information that huge
quantity of liquor is being transported on a Bolero pick-up van
and one white Scorpio is being used as liner, he along with other
police personnel reached the spot and on search of pick-up van,
huge quantity of illicit liquor was recovered, however, persons
occupying the vehicle, fled away taking advantage of darkness.
The driver of Scorpio was apprehended who disclosed his name
as kamlesh kumar (petitioner).
It is submitted on behalf of petitioner that no illicit
liquor has been recovered from his vehicle or from his
possession and he has been implicated in this case only on the
basis of suspicion and has nothing to do with the illicit liquor
kept in pick-up van.
Counsel for the State on instruction has stated that
no confiscation proceeding has been initiated against the
Scorpio vehicle of petitioner nor any such proposal has been
received from the Superintendent of Police.
As there is no recovery of any illicit liquor from the
vehicle of petitioner and the vehicle has been seized only on
basis of suspicion that same is alleged to have been used as
Patna High Court CWJC No.1495 of 2021 dt.10-03-2021
liner for pick-up van. Seized vehicle has not been used for
transportation of illicit liquor, as such, seized vehicle is not
liable for confiscation under Section 56 of the Excise Act and
the Special Court, Excise has jurisdiction to entertain petition
for release of seized vehicle and bar of jurisdiction in
confiscation under Section 60 of the Excise Act will not be
applicable.
The writ petition is disposed of with liberty to
petitioner to approach the Special Court, Excise where the
excise case is pending and file a petition for release of his seized
vehicle and same shall be disposed of by the Special Court,
Excise within 30 days from the date of its filing.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.03.2021
Transmission Date NA
