Kamla Kishore Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12752 of 2019 ====================================================== Kamla Kishore Patel S/o Vikram Ray Resident of Village Baruari,P.S. and Dist.Sapaul.

... ... Petitioner/s

Versus

1.

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

The District Magistrate-Colloector, Supaul 3.

The Senior Superintendent of Police, Supaul 4.

The Superintendent of Police, Supaul 5.

The Station House Officer, Supaul Police Station,Dist. Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Goutam For the Respondent/s :

Mr.Vivek Prasad ( Gp7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-06-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: - "For issuance of appropriate writ/writs order/orders, direction/directions to the respondent Authorities to release the White Colored Tata Taxi Diesel Jeep bearing registration No. BR 19C 2497, Engine No. 275IDI05HOZS82299 Chassis No. MAT4450519ZH25790 in favour of the petitioner, which was seized by Station Head Officer, Supaul, police station in connection with S.T. Excise 470 of 2018 arising out of Supaul PS. Case No. 365 of 2018 registered for the alleged offence u/s 279 & 304A of the Indian Penal Code and for the offence u/s 37(a)(b)(c) of the Bihar Prohibition of Excise Act, 2016 and/or for any other relief of reliefs to which the petitioner

Patna High Court CWJC No.12752 of 2019 dt.25-06-2020 2/3 may be found entitled in course of hearing of this writ application."

It has been submitted by learned counsel for the petitioner that no illicit liquor was recovered from the vehicle in question.

It has been submitted by learned counsel for the State that in case of no recovery of any illicit liquor from the vehicle, the vehicle is not liable for confiscation and same has been decided by the Excise Commissioner, Bihar, Patna, in appeal of confiscation being Case No. 107 of 2019 (arising out of Tariyani P.S. Case No. 184 of 2018) titled as Ajit Rai & Ors Vs. The Collector, Sheohar. The operative part of the order reads as follows:- "Hence, even as per the substituted Section 32 of the Amended Act, the presumption is only vis-a-vis the person, whose vehicle is liable to confiscation and such vehicle can be made liable to confiscation only when it is used, as per Section 56(d), for carrying or transporting the prohibited article under the Act. Thus, the transportation of prohibited article under the Act, 2016, is a sine qua non for a vehicle to be confiscated on the passing of an order by the District Collector.

From the aforesaid Judgment and Order passed by the Hon'ble High Court of Patna it is well established that the transportation of prohibited article under the Act, 2016 is a sine qua non for a vehicle to be confiscated on the passing of an order by the District Collector. Therefore the confiscation order passed by the learned Collector, Sheohar, in confiscation case no. 107 of 2019 on 09.12.2019 is hereby ordered to be modified to the extent that the three motorcycles bearing registration no. BR 06BJ 6591; BR 06BL 5384 and BR 55 4036 will be released after verifying the document related to registration and

Patna High Court CWJC No.12752 of 2019 dt.25-06-2020 3/3 owners of the said vehicle as there is no recovery of liquor from these motorcycles.

Let the copy of this order be communicated to all District Magistrates, Superintendent of Police and Assistant Commissioner/Superintendent of Prohibition for information and necessary action."

Accordingly, petitioner is directed to file an application before the Special Court (Excise), Supaul, under Section 451 of Cr.P.C for interim release of the vehicle which has been seized by the police in the case as same is not liable for confiscation and as such it is the Special Court (Excise), which can pass an order for interim release of the vehicle, with terms and conditions of release as usually imposed. If any such application is filed by the petitioner same to be disposed of within 30 days from the filing of said application.

With the aforesaid 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