Vinod Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 2783 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6914 of 2022
     ======================================================

Vinod Kumar Singh, Son of Nayan Prasad Singh, Resident of Village- Rampur, P.O. Dindyalpur, P.S. G.B. Nagar, District-Siwan.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Custom and Excise Department Government of Bihar Patna.

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan District-Siwan.

4. The District Transport Officer, Siwan District-Siwan.

5. The Station Head Officer, Guthani, District-Siwan.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Advocate For the Respondent/s : Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 11-05-2022

Heard learned counsel for the parties.

Petitioner has prayed for following relief:- Patna High Court CWJC No.6914 of 2022 dt.11-05-2022

Allegation against the driver of aforesaid car is of

driving the vehicle in a drunken condition. There is no

allegation of recovery of any illicit liquor from the seized

vehicle.

It is submitted by learned counsel for the petitioner that

the petitioner claims to be the owner of the vehicle in question

and he has all the valid documents of the said vehicle.

As there is no allegation of recovery of any illicit liquor

from the seized vehicle, same is not liable for confiscation under

section 56 of the Bihar Prohibition & Excise Act, 2016 as such,

bar of jurisdiction in confiscation under section 60 of the Excise Patna High Court CWJC No.6914 of 2022 dt.11-05-2022

Act is not applicable and the concerned Special Court (Excise)

where the criminal case is pending has jurisdiction to pass order

for release of seized motorcycle.

Writ petition is disposed of with liberty to the petitioner,

who claims to be owner of the seized vehicle, to file an

application under Section 451 of Cr.P.C for release of his seized

vehicle 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) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 17.05.2022 Transmission Date