Golden Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 2070 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10249 of 2022
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Golden Kumar Singh, son of Kameshwar Singh, resident of village Devjara Manika, Post Manika, P.S. Madanpur, District Aurangabad (Bihar).

... ... Petitioner/s Versus

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

2. The District Magistrate, Aurangabad (Bihar).

3. The Additional Collector Cum the competent Officer Excise Aurangabad.

4. The Officer-in-charge Madanpur Police Station, District Aurangabad (Bihar).

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-05-2023

The petitioner is aggrieved with the seizure of his

vehicle bearing Registration No. BR-26U-4626, which was

seized in connection with Madanpur P.S. Case No. 184 of 2021

under Section 30(a) of the Bihar Prohibition and Excise

(Amendment) Act, 2018, in which the confiscation proceeding

has been initiated and concluded by Annexure-D, produced

along with counter affidavit. It is the case of the petitioner that

his vehicle or himself is not at all involved in the crime and that

the vehicle was seized much later to the F.I.R registered. Patna High Court CWJC No.10249 of 2022 dt.02-05-2023

2. We have looked through the F.I.R and also its

translated copy. We see that the A.S.I., who registered the F.I.R,

had taken a Mahal Chaukidar along with him on information

received of a person travelling in a motorcycle with wine. On

reaching a bridge, it is alleged that they saw a person, who

threw away the rubber tube, which was attached to the

motorcycle, and fled with the motorcycle. The number of the

motorcycle has not been recorded in the F.I.R. The F.I.R further

proceeds to say that Mahal Chowkidar identified the person,

who had run away, as Golden Kumar Singh, son of Kameshwar

Singh and on such information, the vehicle was seized from the

house of the alleged accused. The seizure list was of 11.08.2021,

as revealed from Annexure-A while the F.I.R was of 28.07.2021.

3. We are not convinced that the vehicle is liable to

seizure and confiscation, especially since there was no recovery

made from the vehicle and the story as alleged in the F.I.R if

credible, the police would have recorded the registration number

of the motorcycle. The identification of the person who fled

away from the scene, is also said to be made by the Mahal

Chowkidar and not an independent witness. The seizure was

made much later on the basis of the identification made by the

Mahal Chowkidar, which cannot be relied on.

Patna High Court CWJC No.10249 of 2022 dt.02-05-2023

4. We are of the opinion that there can be no

confiscation proceeding against the vehicle of the petitioner.

Annexure-D is, hence, set aside and the vehicle is directed to be

released.

5. Petitioner shall appear before the District

Collector, who shall release the motorcycle unconditionally to

the petitioner, after verifying the ownership.

6. The writ petition stands allowed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) aditya/-

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Uploading Date          04.05.2023.
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