Patna High Court
Arjun Prajapati vs The State Of Bihar on 2 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.294 of 2023
======================================================
Arjun Prajapati S/o-Ramchandra Prajapati, R/o-Mohalla Mahavir Nagar, P.S.-
Aurangabad (Town) Dist.-Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Govt. of Bihar,
Patna.
2. The Principal Secretary Excise Department Govt. of Bihar, Patna,
3. The District Magistrate Aurangabad (Bihar).
4. The Superintendent of Police Aurangabad (Bihar).
5. The SHO Amba Police Station Aurangabad (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP7
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 02-02-2023
Heard learned counsel for the parties.
The petitioner has filed the instant application for the fol-
lowing reliefs:
"(I) For insurance of a writ in the nature of certiorari
for quashing the order darted 22.01.2022 passed by
special Judged Excise Ist Aurangabad in connection
with Amba P.S. case No.21/2021 whereby and here-
under the application filed by the petitioner for release
of Scorpio vehicle bearing Registration
No.BR26J2845 Chesis No. MAITA2TDKF5M 19520,
Engine No.TDF4L77494 has been rejected (Annex-
ure-5)
(ii) For direction to the respondent to release the
Patna High Court CWJC No.294 of 2023 dt.02-02-2023
above mentioned Scorpio vehicle.
(iii) For any other relief (s) for your Lordships may
deem fit and proper in the facts and circumstances of
the instant case."
As per the prosecution case (Amba P. S. Case no.21 of
2021 registered under section 30(a) of the Bihar Prohibition and
Excise Act, 2016) on the vehicles being stopped and searched, it
is stated that large quantity (2800 litres) of liquor was recovered
from the truck bearing Registration no. JH-02H-2964 while the
Scorpio vehicle was accompanying the truck.
It is submitted on behalf of the petitioner that the peti-
tioner happens to be the registered owner of the Scorpio vehicle
bearing registration no. BR-026J-2845 which as per the FIR was
being driven by the driver Baban Kumar Singh. It is submitted
that the petitioner has absolutely no concern with the truck from
which the alleged recovery as per the FIR is said to have taken
place. Even as per the prosecution case, no illicit liquor was re-
covered from the petitioner's vehicle or from the driver of the
vehicle. It is further submitted that in view of the facts of the
case, the petition dated 19.1.2022 which was filed by the peti-
tioner, registered owner of the vehicle for release of the same
was erroneously rejected by order dated 22.1.2022 passed in
connection with Amba P.S. Case No.21 of 2021 (GR No.240 of
2021/Trial No.720 of 2021) by the learned Special Judge, Ex-
Patna High Court CWJC No.294 of 2023 dt.02-02-2023
cise 1st , Aurangabad.
In the facts and circumstances of the case, the District
Magistrate/Confiscating Officer concerned is directed to provi-
sionally release the vehicle of petitioner after due identification
of ownership of the vehicle on production of ownership and reg-
istration 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 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)
Bibhash
AFR/NAFR
CAV DATE
Uploading Date 3.2.2023
Transmission Date
