Gupteshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4832 of 2020 ====================================================== Gupteshwar Ray S/o Dukhi Ray Resident of Village- Laxman Dera Chakki, P.S.- Brahmpur (Chakki O.P.), District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Principle Secretary, Bihar Excise Department at Patna.

2.

The Excise Commissioner Bihar Excise Department at Patna. 3.

The Collector District of Buxar at Buxar.

4.

The Superintendent of Police Buxar at Buxar.

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following relief:- "That this writ application is being filed on behalf of above named petitioner for giving direction to respondent to release Hero Super

Patna High Court CWJC No.4832 of 2020 dt.10-07-2020 2/3 Splender Motorcycle bearing Registration No. BR44J-6220 Chasis No. MBLJAR039J9B18161, Engine No. JA05EGJ9B18090 which was seized in connection with Brahmpur (Chakki O.P.) PS Case No. 235 of 2019 for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2018." It has been submitted by learned counsel for the petitioner that no illicit liquor was recovered from the vehicle in question.

It has been submitted by learned counsel for the State that in case of no recovery of any illicit liquor from the vehicle, the vehicle is not liable for confiscation and same has been decided by the Excise Commissioner, Bihar, Patna, in appeal of confiscation being Case No. 107 of 2019 (arising out of Tariyani P.S. Case No. 184 of 2018) titled as Ajit Rai & Ors Vs. The Collector, Sheohar.

The writ petition is disposed of with liberty to petitioner to file a petition under Section 451 of Cr.P.C for release of vehicle before the concerned Special Court (Excise), where the trial of case arising out of Brahmpur

Patna High Court CWJC No.4832 of 2020 dt.10-07-2020 3/3 (Chakki O.P.) P.S Case No. 235 of 2019 is pending and the Special Court is directed to dispose of such petition within 30 days from the date of filing.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA