Veena Devi @ Beena Devi vs The State Of Bihar
2021 Latest Caselaw 1739 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10725 of 2020
     ======================================================

Veena Devi @ Beena Devi W/o Arun Pandit, Resident of Mohalla-Mahna, P.S.-Barauni, District-Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar thorugh its Principal Secretary, BIhar Excise Department at Patna.

2. The Excise Commissioner, Bihar Excise Department at Patna.

3. The Collector of District Begusarai at Begusarai.

4. The Superintendent of Police, Begusarai at Begusarai.

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

For the Petitioner/s : Mr.Binod Kumar, Adv For the Respondent/s : Mr. Vikash Kumar SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 24-03-2021 Heard learned counsel for the parties.

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

"That this writ application is being filed on behalf of above named petitioner for giving direction to respondent to release Pulsor Motorcycle bearing registration No. BR-09-G-3642, Engine No. DHGBTL97721, Chesis No. MD2DHDHZZTCL20711 which was seized in connection with Barauni (Refinery O.P.)P.S. Case No. 522/2019 for offence under Section 30(a) of Bihar Prohibition and Excise Act."

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 Patna High Court CWJC No.10725 of 2020 dt.24-03-2021

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)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.03.2021
Transmission Date       NA