Sangita Devi @ Sangita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15229 of 2018 ====================================================== Sangita Devi @ Sangita Kumari, wife of Manoj Kumar, resident of MohallaShitalpur, P.S.- Chakia, District- East Champaran. ... ... Petitioner/s

Versus

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

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

3. The Collector-Cum- Secretary Magistrate, East Champaran, Motihari.

4. The Superintendent of Police, East Champaran, Motihari.

5. The Superintendent of Excise, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-08-2018 Petitioner has filed this writ petition challenging the confiscation proceedings initiated against her or proposed to be initiated against her, so also seizure of his vehicle (Pick Up Van) bearing Registration No. BR 06 GA 5795, seized in connection with Chakia P.S. Case No.164 of 2018.

It is the case of the petitioner that the only allegation against the petitioner and the case registered under the Bihar Excise and Prohibition Act, 2016 is with regard to the petitioner driving the vehicle in a drunken condition. It is emphasized that under Section 56 of the Bihar Excise and Prohibition Act, 2016, when the vehicle in question is not being used for transportation

Patna High Court CWJC No.15229 of 2018(2) dt.02-08-2018 2/2 or carrying of any liquor, seizure or confiscation of the vehicle is not permissible. Considering similar arguments, we had held in C.W.J.C.No.13162 of 2018 on 31.07.2018 and earlier also in the case of Diwakar Kumar Singh Vs. The State of Bihar & Ors. (C.W.J.C. No.5049 of 2018) that under Section 56 of the Act when the only allegation against a person is that he is found to be driving a vehicle or plying it on a public place in a drunken condition, the provisions of Section 56 is not applicable and confiscation and seizure of such a vehicle is not permissible under the Bihar Excise and Prohibition Act, 2016. Accordingly, in view of the above, we allow this application, quash the confiscation proceedings, permit the respondents to proceed to prosecute the applicant for being or driving in a drunken condition.

Accordingly, confiscation of the vehicle shall stand quashed and vehicle released to the petitioner, if not required in any other case.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U