Umesh Kumar vs The State Of Bihar
2023 Latest Caselaw 2142 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14715 of 2022
     ======================================================

Umesh Kumar, Son of Late Gopal Jee Yadav, Resident of Mohalla-Motitola, Police Station-Ara Town, District-Bhojpur at Ara.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

3. The Excise Commissioner, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

4. The District Magistrate, Buxar.

5. The Superintendent of Police, Buxar.

6. The Excise Superintendent, Department of Excise, Buxar.

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

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

Date : 05-05-2023

Petitioner is aggrieved with the seizure of his vehicle

(Scorpio Jeep) bearing Registration No. BR 03M/0050, Chassis

No. MA1TA2MWND2F 20226, Engine No. MWD4F18683,

which was seized on 07.09.2017 and an F.I.R. registered as

Excise Case No. 272(o) of 2017 for the reason of recovery of

500 ml. liquor.

Learned counsel for the petitioner submits that for

release of his vehicle he has already deposited security bond of Patna High Court CWJC No.14715 of 2022 dt.05-05-2023

Rs. 4,55,000/- but the vehicle has not been released.

Learned State counsel on instructions submits that the

vehicle has been confiscated on 27.03.2023.

Keeping in view the fact that the seizure was made on

07.09.2017 and the quantity recovered from the vehicle is very

minimal, we direct that on payment of penalty of Rs. 20,000/-

(twenty thousand) before the authority concerned, the vehicle

shall be released in favour of the petitioner after verifying the

ownership of the vehicle and he shall be absolved from the

confiscation proceedings. The security bonds furnished by the

petitioner shall be cancelled.

The writ petition stands disposed of.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 09.05.2023 Transmission Date