Rajiv Kumar @ Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7512 of 2019 ====================================================== Rajiv Kumar @ Rajeev Kumar, S/o Ram Ratan, Resident of Saharanpur, P.S.- Taragarh, Distt.- Pathankot, Punjab.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna.
2.
The District Magistrate East Champaran, Motihari. 3.
The Superintendent of Police East Champaran, Motihari. 4.
The Officer in Charge, Chakia Police Station, Distt.- East Champaran, Motihari.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Adv.
For the Respondent/s :
Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 16-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Truck bearing Registration No.PB06K-2098, which has been seized in connection with Chakia P.S. Case No.101 of 2018 for the offences punishable under sections 30(a), 50(G), 57 ad 60 of the Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner 4500 litres of Indian Made Foreign Liquor has been seized; the
Patna High Court CWJC No.7512 of 2019 dt.16-05-2019 2/2 confiscation proceeding is yet to be initiated and the vehicle is lying under open sky in the police station.
Considering the quantum of recovery we are not persuaded to grant indulgence to the prayer for interim release of the vehicle in question. The petitioner may raise all issues as raised in this writ petition during the course of confiscation proceeding. The writ petition is dismissed.
(Jyoti Saran, J) ( Anjani Kumar Sharan, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.06.2019 Transmission Date NA