Akash Kumar vs The State Of Bihar
2022 Latest Caselaw 4143 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.10726 of 2022
     ======================================================

Akash Kumar son of Keshav Kumar Gupta, Resident of Ward No. -8 Mohalla

- Miscot, P.S. - Town, District - East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Excise and

Prohibition, Govt. of Bihar, Patna.

2. The District Magistrate, East Champaran at Motihari.

3. The Superintendent of Police, East Champaran at Motihari.

4. The SHO, Town Police Station, District - East Champaran.

... ... Respondent/s

====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s : Mr.Asif Kalim, Adv For the Respondent/s : Mr.Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 29-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.10726 of 2022 dt.29-07-2022

Allegation is recovery of 750 ml of illicit liquor from

the seized vehicle.

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 Patna High Court CWJC No.10726 of 2022 dt.29-07-2022

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

is disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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