Anjali Roy vs The State Of Bihar
2022 Latest Caselaw 2784 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.6399 of 2022

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Anjali Roy, Daughter of Late Jitendra Kumar Roy, Resident of 705 (B) Gagan Apartment, Exhibition Road, P.S. Gandhi Maidan, Town and District- Patna.

... ... Petitioner/s

Versus

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

2. The Collector-cum-District Magistrate, Patna.

3. The Superintendent of Excise, Patna.

4. The Superintendent of Police, Patna.

5. The Officer in charge, Agam Kuan Police Station, Patna.

... ... Respondent/s

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

For the Petitioner/s : Mr.Nagadeo Choubey, Advocate For the Respondent/s : Mr.Vivek Prasad ( GP 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 11-05-2022

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"(i) for direction/order to the Respondents No.2 & 5 to release the vehicle (scooty) bearing registration number BR01EF-6961 in favour of the petitioenr, which had been seized in connection with Patna High Court CWJC No.6399 of 2022 dt.11-05-2022

Agam Kuan P.S. Case No.679 of 2019 dt. 24/07/2019 (Special Case No.6641 of 2019) registered under Section 37(c) of the Bihar Excise & Prohibition Act 2016 and Sec. 393 IPC.

(ii) Any other relief(s) as the petitioner may be found entitle by this Hon'ble Court under facts and circumstances of the case mentioned herein below"

Allegation against driver of the aforesaid vehicle 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 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 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 Patna High Court CWJC No.6399 of 2022 dt.11-05-2022

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