Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3677 of 2023 ====================================================== Sanjeev Kumar, aged about 33 years, Male, Son of Late Murari Prasad, Resident of Village- Narayanpur, P.S.- Patahi, District- East Champaran. ... ... Petitioner

Versus

1.

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

2.

The Commissioner, Excise, Bihar, Patna.

3.

The District Magistrate cum Collector, East Champaran. 4.

The Superintendent of Police, East Champaran. 5.

The Excise Superintendent, East Champaran.

6.

The S.H.O. Kalyanpur, East Champaran.

7.

The Investigating Officer of Kalyanpur, P.S. Case No. 35/2023, DistrictEast Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate For the State :

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 17-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is concerned with release of Scorpio vehicle bearing Registration No. BR05PB-4312, Chassis No. MAITA2XM2L2F23734, Engine No. XML4F12712, seized on 31-01-2023, in connection with Kalyanpur PS Case No. 35 of 2023, registered for the offences under Sections 30(a), 32(1), (2)

Patna High Court CWJC No.3677 of 2023 dt.17-04-2023 2/2 and 36/41(1)(2) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

3. The learned counsel for the State, upon instructions, submits that having regard to the nature of allegations in the criminal case, there is no proposal on the part of the Authorities for initiating confiscation proceedings.

4. That being so, this Court would observe that for release of the vehicle, the petitioner's appropriate remedy lies in approaching the Court of learned Special Judge, Excise Act, East Champaran, as per the provisions contained in Section 451 of the Code of Criminal Procedure, 1973.

5. With liberty to the petitioner to avail remedies in accordance with law, the writ application is dismissed. (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shyambihari/- AFR/NAFR CAV DATE Uploading Date 20 /04/2023 Transmission Date