Vijay Kumar Jaiswal v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15470 of 2021 ====================================================== Vijay Kumar Jaiswal S/O Late J.P. Jaiswal Resident of F. No. 103, B.S. Plaza, South Chitra Guppta Nagar, Kankarbag, Patna, P.S. - Kankarbag, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise, New Secretariat, Patna-1, District- Patna.

2.

The District Magistrate, Patna, District- Patna. 3.

Senior Superintendent of Police, Patna, District- Patna. 4.

The officer in Charge of Naubatpur Police Station, Patna, District- Patna. 5.

The Investigating Officer, Naubatpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Advocate For the Respondent/s :

Mr.Kumar Manish (Sc5) Mr. Prashant Kumar, Ac to SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 14-09-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "This writ application is being filed in the nature of writ of mandamus directing the respondent authority to release the vehicle (car) of the petitioner bearing registration no.BR-01-AT-5342, which was seized in connection with Naubatpur P.S. Case No.239/2021 dated 10.05.2021 for the offences punishable under Sections 279/337/338/427 of Indian Penal Code and Section 37(b) (c) of Bihar Prohibition and Excise Act 2016 and for issuance of any appropriate writ or writs, order or orders, direction or directions as your Lordships may deem fit and proper."

Allegation against driver of the seized vehicle is

Patna High Court CWJC No.15470 of 2021 dt.14-09-2021 2/2 driving the vehicle in a rash and negligent manner in a drunken condition causing accident giving rise to Naubatpur P.S Case No. 239 /2021 dated 10.05.2021 instituted for the offences punishable under Sections 279, 337, 338 and 427 of IPC and Section 37(b) (c) of Bihar Prohibition & Excise Act, 2016. As there is no allegation of recovery of any illicit liquor from the seized vehicle, same is not liable for confiscation under section 56 of the Bihar Prohibition & Excise Act, 2016 and the concerned Special Court (Excise) where the criminal case is pending has jurisdiction to pass order of release of vehicle.

Writ petition is disposed of with liberty to petitioner who is owner of the vehicle to file an application under Section 451 of Cr.P.C for release of his vehicle in the concerned Special Court (Excise) who shall dispose of such petition within 30 days from the date of its filing.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.09.2021 Transmission Date NA