Patna High Court
Ambar Raja vs The State Of Bihar on 21 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17041 of 2022
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Ambar Raja Son of Nur Alam Miya, Resident of Village-Piyaur, P.O.-
Gayghat, Piaur, Police Station-M.H. Nagar, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Registration, Excise and Prohibition Department,
Govt. of Bihar, Patna.
3. The Collector-cum-District Magistrate, Siwan.
4. The Superintendent of Police, Siwan.
5. The S.H.O. Hussainganj (M.H. Nagar) P.S., District-Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP7)
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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 following relief:-
"1). For a Direction upon the Respondents,
particularly Respondent No. 3 to 5 release the
Splendor Pro Motor Cycle bearing Reg. No.
BR29AJ6696, Chassis No.
MBLHAW083K4F03724, Engine No.
HA10AGK4F08322 in favour of the Petitioner
which was seized in connection with Hussainganj
(M.H. Nagar) P.S. Case No. 287 of 2022 dated
26.10.2022 registered U/Ss 341, 504, 506 of the
IPC and 30 (a) of Bihar Prohibition and Excise Act
2016.
(II). For any other relief or reliefs as the Petitioner
may found entitled by this Hon'ble Court be
given."
Patna High Court CWJC No.17041 of 2022 dt.21-12-2022
Allegation is recovery of 600 ml. of illicit liquor from
the seized motorcycle of the petitioner.
Petitioner claims to be the owner of the said vehicle. It is
further submitted that a meagre quantity of 600 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.17041 of 2022 dt.21-12-2022
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)
( Partha Sarthy, J)
Ashwini/-
AFR/NAFR
CAV DATE
Uploading Date 24.12.2022
Transmission Date
