Pratap Kumar Tiwari vs The State Of Bihar
2022 Latest Caselaw 2686 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5909 of 2022
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Pratap Kumar Tiwari Son of Ajay Tiwari @ Ajay Kumar Tiwari, Resident of Village - Radhiya, Police Station- Govindganj, District - East Champaran.

... ... Petitioner/s Versus

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

2. The Excise Commissioner, Govt. of Bihar, Patna.

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

4. The Superintendent of Police, East Champaran, Motihari.

5. The Officer in Charge, Sugauli, Police Station, District - East Champaran.

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

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

Date : 10-05-2022

Heard learned counsel for the parties.

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

"To release the vehicle i.e. Maruti Alto 800 Car bearing Reg. No BRO6AP-3126, Chassis No. MA3EUA61500549883, Engine No. FBDN5333725 seized in connection with Sugauli P.S. Case No. 36 of 2022 registered U/S 279 of the l.P.C. and Section 37 (C) of the Bihar Prohibition and Excise Act 2016 on 16.01.2022."

Allegation against driver of the seized vehicle is

driving the vehicle in a rash and negligent manner in a drunken

condition giving rise to Sugauli P.S. Case No. 36 of 2022 Patna High Court CWJC No.5909 of 2022 dt.10-05-2022

instituted for the offences punishable under Sections 279, IPC

and Section 37 (c) of Bihar Prohibition & Excise Act, 2016.

As there is no allegation of recovery of any illicit

liquor from the seized Bolero vehicle, same is not liable for

confiscation under section 56 of the Bihar Prohibition & Excise

Act, 2016 and the concerned Special Court (Excise) where the

criminal case is pending has jurisdiction to pass order of release

of seized vehicle.

Writ petition is disposed of with liberty to petitioner

who is owner of the seized vehicle to file an application under

Section 451 of Cr.P.C for release of his seized Car in the

concerned Special Court (Excise) who shall dispose of such

petition within 30 days from the date of its filing.

(Sanjay Karol, CJ)

(S. Kumar, J) ranjan/-

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