Yuglesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5051 of 2023 ====================================================== Yuglesh Prasad Singh S/o Vijay Kumar Singh R/o Village- Rupsagar P.S.- Nawanagar District- Buxar (Bihar).

... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Buxar 3.

The Superintendent of Police, Buxar 4.

The District Supply Officer, Buxar 5.

The S.H.O. cum Officer in Charge Police Station- Nawanagar, Buxar. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dimpal Kumari, Adv.

For the State :

Mr.Vivek Prasad ( GP 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 24-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is concerned with the release of his motorcycle bearing Registration No. BR 24AF1541, Engine No. GE5HM2010157, Chassis No. MD637DE58M2H08636, which was seized in connection with Nawanagar PS Case No. 276 of 2022, dated 18.08.2022, for alleged offences under Sections 30(a), 30(c), 30(d), 33, 34, 36, 41(1)(2) of the Bihar Prohibition and Excise Act.

As per FIR 216 litres of spirit and 75 litres of English

Patna High Court CWJC No.5051 of 2023 dt.24-04-2023 2/3 wine has been seized on a raid conducted at the place of occurrence where the accused persons were arrested. Four motorcycles, including the petitioner's motorcycle has been recovered, on the statement of the accused persons. From the allegation in the FIR, it is apparent that there is no recovery whatsoever of any illicit liquor or spirit from the petitioner's motorcycle. In view thereof, the seizure cannot be countenanced.

Section 56 of the Act provides that when an offence has been committed under the Act, any animal, vehicle, vessel or other conveyance used for carrying any "intoxicant or liquor" shall be liable to be confiscated, but in the manner prescribed under the provisions of the Act. There being no such allegation even in the FIR, regarding recovery of any "intoxicant or liquor" from the petitioner's motorcycle, this Court would find that there is no basis for its seizure much less its confiscation This Court, therefore, directs release of the motorcycle, if not already auction sold or disposed of otherwise in terms of the Bihar Prohibition and Excise Act/Rules.

The seizing officer should, therefore, immediately forward the vehicle to the Confiscating Authority, namely, District Magistrate, Buxar (Respondent No.2) from where the

Patna High Court CWJC No.5051 of 2023 dt.24-04-2023 3/3 same should be released in favour of the petitioner subject to verification of identity vis-a- vis ownership of the vehicle inquestion. The writ application is allowed.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shyambihari/- AFR/NAFR CAV DATE Uploading Date 03-05-2023 Transmission Date