Braj Mohan Singh vs The State Of Bihar
2022 Latest Caselaw 4480 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11394 of 2022
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Braj Mohan Singh, son of Late Satish Chandra Singh, Resident of Village- Farabari, Ward No. 2, P.S.-Thakurganj, District-Kishanganj.

... ... Petitioner/s Versus

1. The State of Bihar through Secretary of Excise Department, Bihar at Patna.

2. The Collector-cum-District Magistrate, Kishanganj.

3. The Superintendent of Police, Kishanganj.

4. S.H.O., Thakurganj P.S., District-Kishanganj.

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

For the Petitioner/s : Mr.Raj Kumar, Advocate For the Respondent/s : Mr.Vivek Prasad (Gp7) ====================================================== 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 : 12-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:- Patna High Court CWJC No.11394 of 2022 dt.12-08-2022

Allegation is recovery of 750 ml. of illicit liquor from

the seized vehicle of the petitioner.

Petitioner claims to be the owner of the said vehicle. It

is further submitted that a meagre quantity of 750 ml. of liquor

has been recovered from the vehicle, as such, it cannot be

inferred that the vehicle was used for transporting/carrying illicit

liquor, nor it can be presumed that recovered illicit liquor was

kept for sale/purchase/ trade purpose and it appears that same

was kept for personal consumption.

In the facts and circumstances of the case, the District

Magistrate/Confiscating Officer concerned is directed to

provisionally release the vehicle of petitioner after due

identification of ownership of the vehicle on production of

ownership and registration papers with respect to vehicle in

question in his/her name and on furnishing adequate sureties to

the satisfaction of District Magistrate / Confiscating Authority

and undertaking.

The release shall be allowed within a period of 14 days

from the date of submission of the sureties and the undertakings

as stated above, which would however be subject to finalization

of the confiscation proceeding.

Petitioner is also at liberty to get his/her vehicle Patna High Court CWJC No.11394 of 2022 dt.12-08-2022

released on payment of penalty in terms of Rule 12(A) inserted

by amending Bihar Prohibition and Excise Rules, 2021.

With said observation and direction, this writ petition is

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.08.2022
Transmission Date       NA