Deepak Choubey @ Deepak Kumar Chhoubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4778 of 2024 In Criminal Writ Jurisdiction Case No.1085 of 2023 ====================================================== Deepak Choubey @ Deepak Kumar Chhoubey S/o Sri Nagendra Choubey Resident of Village-Bageshwari Ashthan, Gulabbagh, P.S-Sadar, Dist-Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Purnia.

3.

The Excise Commisioner, Purnia.

4.

The Police Inspector Excise, Purnia.

5.

The S.H.O., sadar Police Station, Purnia.

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

For the Petitioner/s :

For the Respondent/s :

Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-03-2024 None appears for the petitioner.

2. In the instant writ petition, petitioner has prayed for the following relief/reliefs:

"(i) To direct the respondents authorities the vehicle bearing registration No. - BR - 11Y/1594, Chesis no - AJAXXMRKAGK18787 and Engine no. - GK 18787 was seized in connection with Sadar P.S. case No. 542 2019 u/s 8, 21, 22 of N.D.P.S. Act and 30 (a) of the Excise Act - 2016 by the

Patna High Court CWJC No.4778 of 2024 dt.18-03-2024 2/3 S.H.O, S.I Jitendra Rana, Sadar, Police station, Purnea on 21.10.2019 be released in favour of the petitioner.

(ii) To direct the respondent no. - 5, the Oppo mobile phone F 11 - Pro bearing IMEI No - 866208043579210 and 866208043579202 was seized in connection with Sadar P.S. case No. 542 2019 by the S.H.O, S.I. Jitendra Rana Sadar, Police Station, Purnea be released in favour of the petitioner.

(iii) Further direct the respondent authority no - 05 the Officer Incharge Sadar, Police Station in which custody the above said vehicle and mobile are to be looked very carefully till the disposal of this writ petition. (iv) The petitioner further prays for any other relief/reliefs as to which the petitioner is entitled in the facts and circumstances of the case be granted."

3. Prima facie subject matter of motor vehicle is involved in the offence under the Bihar Prohibition and Excise Act, 2016 read with certain Sections of N.D.P.S. Act. For the offence under the Excise Act, petitioner has remedy under Rule 12 A of Bihar Prohibition and Excise Rules, 2021 (for short 'Excise Rules, 2021') read with amended sub Rule (2) of Rule 12 A in the year 2022 and 2023. However, insofar as release of the subject matter of motor vehicle with reference to the alleged offences under N.D.P.S. Act is concerned, petitioner has a remedy before the jurisdictional Trial Court.

Patna High Court CWJC No.4778 of 2024 dt.18-03-2024 3/3

4. Be that as it may, petitioner has not submitted any application under Rule 12 A insofar as releasing of subject matter of vehicle for the offence under the Excise Act. Accordingly, present writ petition is premature. Hence, writ petition stands disposed of reserving liberty to the petitioner to invoke appropriate remedy.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.03.2024 Transmission Date NA