Nawal Kishor Giri @ Naval Kishor Giri v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9741 of 2020 ====================================================== Nawal Kishor Giri @ Naval Kishor Giri, Son of Late Indradev Giri, Resident of Matkakara, P.S.-Dariyapur, District-Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2.
The Director General of Police, Bihar Patna.
3.
The Excise Commissioner, Bihar, Patna.
4.
The District Magistrate/Collector, Patna.
5.
The Officer-In-Charge of Masaurhi Police Station, District-Patna. 6.
The Investigation Officer of Masaurhi P.S. Case no.249/2020, Masaurhi Police Station, District-Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Adv.
For the Respondent/s :
Mr. Vikash Kumar, S.C. 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-12-2020 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 respondents.
Petitioner has prayed for following reliefs:- (A) "A writ in the nature of mandamus or any other appropriate
Patna High Court CWJC No.9741 of 2020 dt.23-12-2020 2/3 writ/writs, order/orders, direction/directions commanding the respondents for the following:- (i) To release the tempu bearing Registration No. BR06PB - 1754 in favour of the petitioner which was seized in connection with Masaurhi Police Station Case No. 249 of 2020 registered for the offence under Section 30(c) of Bihar Prohibition and Excise Act, 2018 and 2/3/4 of Mahua Full Control Act, 2016, awaiting confiscation.
(B) To any other relief/reliefs for which the petitioner found entitle to."
Allegation is recovery of 8 bags of Jaggery and one bag of Mahua Flower from the house of accused Bhim Yadav and two bag of Jaggery was recovered from the seized tempu which was being used to carry Jaggery and Mahua flower to the house of accused.
It is submitted that petitioner is owner of the tempu which was being driven by the driver carrying aforesaid articles to the house of accused.
As there is recovery of 2 bags of Jaggery from the tempu of petitioner which is not intoxicant as defined under the excise act, unless it is established from attending circumstances
Patna High Court CWJC No.9741 of 2020 dt.23-12-2020 3/3 that same was to be used for preparation of country made liquor, as such, the District Collector, Patna is directed to provisionally release the seized tempu in favour of petitioner after his due identification and producing registration certificate and ownership documents in his name on usual terms and conditions as imposed for provisional release of the vehicle during confiscation proceeding.
With aforesaid direction and liberty, the writ petition is disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2021 Transmission Date NA