Navnit Kumar, v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10784 of 2020 ====================================================== Navnit Kumar, S/o Late Ramji Prasad Singh, Resident of Kanti Factory More, Mahatma Gandhi Nagar, Kankarbagh, P.S. Patrakar Nagar, Patna-800020. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna. 2.

The District Magistrate, Patna.

3.

The Superintendent of Police, Patna.

4.

The Station Head Officer, Dhanarua Police Station, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Respondent/s :

Mr. Kumar Manish, S.C. 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 24-03-2021 Heard the parties.

Petitioner has prayed for following relief(s):- "(i) for setting aside one of the condition of the order dated 22.06.2018 in connection with Confiscation Case No. 80/2018-19 whereby and whereunder the learned court of District Magistrate has assigned one of the condition that the concerned vehicle can't be transferred to any other one during the pendency of Dhanarua P. S. Case No. 118/2018.

(ii) Grant of any other incidental or consequential relief or reliefs for which the petitioner can be

Patna High Court CWJC No.10784 of 2020 dt.24-03-2021 2/3 found entitled for."

Seizure of vehicle under Excise Act for carrying illicit liquor gives rise to, two independent proceedings in which Police/Excise Officers after institution of FIR, investigate the matter and submit charge sheet before the Special Court (Excise), if the charges are proved against the accused under different sections of Excise Act, separate punishment and sentence have been provided.

Another proceeding is initiated by the District Collector or any empowered authority for confiscation of seized vehicle for which notice is send to the owner of the seized vehicle, who may be or may not be accused in Excise matter and if District Collector finds that seized vehicle was involved in transportation of illicit liquor, said vehicle is confiscated under Section 58 of the Excise Act and is put on public auction. In present case, the seized vehicle was not liable for confiscation under Section 56 of the Excise Act as no illicit liquor was recovered from the seized vehicle and it was a case of drunken driving, as such, the District Collector has rightly dropped the confiscation case initiated against the owner of the seized vehicle, however, once the proceeding has been dropped, no conditions can be imposed by the District Collector and

Patna High Court CWJC No.10784 of 2020 dt.24-03-2021 3/3 accordingly, said condition is set aside.

However, since the FIR has been registered under Section 37(b) and (c) of the Excise Act and trial is pending before the Special Court (Excise) in which the damaged seized vehicle may be material exhibit, same can be released by Special Court (Excise) pending trial. As seized vehicle has already been released by this Hon'ble Court by order dated 23.04.2018 passed in C.W.J.C. No. 7472 of 2018 pending finalization of the criminal case no further order is required to be passed in this case.

The writ petition is allowed to the extent as indicated above.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2021 Transmission Date NA