Santosh Kumar vs The State Of Bihar
2021 Latest Caselaw 1776 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1618 of 2021
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SANTOSH KUMAR S/o Prabhu Nath Pandey resident of Mohalla- S.K. Nagar, P.s.- Town(Motihari), District- East Champaran

... ... Petitioner/s Versus

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

2. The Divisional Commissioner, Excise Department, Muzaffarpur Division, Muzaffarpur

3. The Collector-cum-District Magistrate, East Champaran

4. The Superintendent of Police, EAST CHAMPARAN

5. The Deputy Superintendent of Police, Motihari, (East Champaran)

6. The Officer-in-Charge, Banjariya P.S., District- East Champara

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

For the Petitioner/s : Mr.Sanjay Kumar, Adv For the Respondent/s : Mr. Vivek Prasad GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 25-03-2021 Heard learned counsel for the parties.

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

"(i)For issuance of any appropriate writ or writs, Rule or direction especially in the nature of mandamus, directing the respondents District Magistrate, East Champaran to release the Scorpio Vehicle bearing its regd No. BR-05-H-4105 which has been seized in connection with Turkauliya (Banjariya) P.S. Case No. 311/2020, registered under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Amendment Act-2016."

Petitioner claims to be owner of the vehicle and as there

was no recovery of any illicit liquor from said vehicle, seized Patna High Court CWJC No.1618 of 2021 dt.25-03-2021

vehicle 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 vehicle.

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

vehicle 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