Parmeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10329 of 2022 ====================================================== Parmeshwar Kumar son of Ram Naresh Sharma, resident of Village Baranda, P.O. and P.S. Dhibra, District Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Aurangabad (Bihar).

3.

The Officer-in-charge Dhibra Police Station, District Aurangabad (Bihar). ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Adv For the Respondent/s :

Mr.Kumar Manish ( SC 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 29-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.10329 of 2022 dt.29-07-2022 2/3 Allegation is recovery of 50 Kg of mahua flower from the seized motorcycle.

Petitioner claims to be the owner of the said vehicle. It is further submitted that 50 Kg of mahua flower has been recovered from the vehicle. Mahua flower does not come under the definition of intoxicant under the Excise Act. In the facts and circumstances of the case, the District Magistrate/Confiscating Officer concerned is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers with respect to vehicle in

Patna High Court CWJC No.10329 of 2022 dt.29-07-2022 3/3 question in his/her name and on furnishing adequate sureties to the satisfaction of District Magistrate / Confiscating Authority. The release shall be allowed within a period of 14 days from the date of submission of the sureties.

With said observation and direction, this writ petition is disposed of.

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