Deepnarayan Choudhary @ Dipnarayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4199 of 2020 ====================================================== Deepnarayan Choudhary @ Dipnarayan Chaudhary Son of Sita Ram Chaudhary Resident of Village- New Gangoli, P.S.- Dalmiyan, DistrictRohtas (BIHAR). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Officer in- Charge, Kutumba Police Station, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari For the Respondent/s :

Mr.Vikash Kumar ( Sc11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 10-07-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition has been filed for release of Bolero Pick-up van bearing Registration No. BR24G3163, Engine No.

GHB1B13589, Chasis No.

MA1ZN2GHKB1B17059 which has been seized in connection

Patna High Court CWJC No.4199 of 2020 dt.10-07-2020 2/3 with Kutumba P.S. Case No. 182 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegation is recovery of 43 sacks each containing 40 Kg of mahua flower from the vehicle of petitioner, on basis of which Kutumba P.S. Case No. 182 of 2019 was instituted for offences under Excise Act and the mahua flower as well as vehicle were seized.

Division Bench of this court in its judgment dated 09.07.2019 passed in C.W.J.C. No. 23163 of 2018 ( Umesh Kumar @ Umesh Mahto Vs. State of Bihar and other analogous cases) with respect to seizure of mahua flower under Excise Act, 2016 has held as follows :

"In result, we hold that the confiscation proceedings, if any, initiated against the petitioners for alleged violation of Section 3 of' the Mahua Flowers Rules'

read alongside the provisions of 'the Act'

for possession of Mahua Flowers exceeding 5 kgs., is without sanction of law and consequentially the confiscation proceeding, if any, initiated against the petitioners shall stand quashed and the vehicles seized, if not already released, shall be released in favour of the owner on production of ownership papers."

It has been stated that no confiscation proceeding

Patna High Court CWJC No.4199 of 2020 dt.10-07-2020 3/3 has been initiated and even if any confiscation proceeding has been initiated, same is directed to be dropped. Accordingly, the writ petition is disposed of with a direction to the petitioner to file a petition in the court of Special Judge, (Excise), Aurangabad in Kutumba P.S. Case No. 182 of 2019 for release of the vehicle as bar of jurisdiction in confiscation under section 60 of the Act is not applicable and Special Court (Excise) has jurisdiction to release the vehicle and upon such petition being filed the Special Court (Excise), Aurangabad is directed to provisionally release the vehicle in favour of its registered owner on due identification and production of ownership documents on usual terms and conditions as imposed for release of vehicle within 30 days from the date of filing of such petition.

The writ petition is allowed.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA