Gautam Kumar vs The State Of Bihar
2022 Latest Caselaw 5383 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17646 of 2022
     ======================================================

Gautam Kumar Son of Ravi Ranjan Sharma Resident of Village- Aranda P.S.- Obera Dist- Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Liquor Prohibition, Excise and Registration Department, Govt. of Bihar, Patna.

2. The District Magistrate, Aurangabad.

3. The Superintendent of Police, Aurangabad.

4. The Station House Officer, Amba, District- Aurangabad.

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

For the Petitioner/s : Mr.Shivendra Kumar Sinha, Adv For the Respondent/s : Mr.Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 21-12-2022 Heard learned counsel for the parties.

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

"(i) For direction upon the respondents to release the Creta Car bearing Registration No. BR-01-ET-7863 bearing Chasis NO. MALPB813LLMO12519 Engine No. D4FALM006317 (Creta, Hyundai Car) in favor of the petitioner which was seized in connection with Amba P.S. Case No. 229/2022 by the Sub-Inspector Amba Police Station under Bihar Prohibition and Excise (Amendment) Act, 2018."

Allegation is recovery of 500 ml of Copter seven strong

beer 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 500 ml of Copter Patna High Court CWJC No.17646 of 2022 dt.21-12-2022

seven strong beer has been recovered from the vehicle, as such,

it cannot be inferred that the vehicle was used for

transporting/carrying illicit liquor/beer, nor it can be presumed

that recovered illicit liquor/beer 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

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 Patna High Court CWJC No.17646 of 2022 dt.21-12-2022

is disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J)

Ashwini/r-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.12.2022
Transmission Date       NA