Govind Kumar Chaudhary @ Govin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9251 of 2020 ====================================================== Govind Kumar Chaudhary @ Govind Kumar, S/o Lalan Chaudhary, Resident of Village- Gurua Tola Bhuyan Bigha, P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Gaya.

3.

The Superintendent of Excise Gaya.

4.

The S.H.O., Gurua P.S. Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Respondent/s :

Mr. Vivek Prasad, G.P. 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 18-12-2020 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 relief:- "For release of the Glamour Motorcycle bearing No. BR 02AM 5793 to the petitioner which was seized by the police in Gaya

Patna High Court CWJC No.9251 of 2020 dt.18-12-2020 2/3 Excise Case No. 91/20 instituted under Section 30(c) of Bihar Prohibition and Excise (Amendment) Act 2018 and section 2(e), 3, 5 (b), 13 of Mahua Flower Act, 2006.

(ii) For a direction to the respondent authority to release the motorcycle of the petitioner taking into consideration that in fact nothing has been recovered from the vehicle in question."

As allegation is of carrying 40 Kg of Mahua flower on the seized motorcycle and Division Bench of this Court has held that Mahua Flower in its raw form will not come under the definition of intoxicant as defined under the excise act, unless surrounding circumstances indicate that it was being carried for preparation of country made liquor.

Accordingly, the District Magistrate, Gaya is directed to provisionally release the seized motorcycle in favour of petitioner who claims to be the owner of the motorcycle on his due identification and production of registration certificate and ownership documents with respect to seized motorcycle on

Patna High Court CWJC No.9251 of 2020 dt.18-12-2020 3/3 usual terms and conditions as are imposed for release of such vehicles during confiscation proceeding.

With aforesaid observation and direction, 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