M/S Aryan Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15559 of 2019 ====================================================== M/s Aryan Enterprises through its Proprietor Satish Kumar Son of Ramashray Prasad, Ward No. 11, Thakurbari Near Dhanki Dhaja, Motihari, Police Station Town and Town Motihari, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

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

The Superintendent of Police, District- East Champaran. 4.

The Officer Incharge, Chhuradano Police Station, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 26-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following reliefs: - "For issuance of writ in the nature of mandamus directing and commanding the respondents to release the Battery Control Rickshaw (Musfir Eco) bearing Controller No.

Patna High Court CWJC No.15559 of 2019 dt.26-06-2020 2/3 ACB0050, Motor No. AMB0050, Chasis No.

M9WAER11KBB0000050 in favour of the petitioner which has been seized in Chhauradano P.S. Case No. 84 of 2018 on 09.04.2018."

FIR was instituted under section 37(b) of the Bihar Prohibition and Excise Excise Act, 2016, against petitioner who was found driving the Battery Control Rickshaw (Musfir Eco) bearing Controller No. ACB0050, Motor No. AMB0050 in a drunken condition giving rise to Chhauradano P.S. Case No. 84 of 2018 dated 09.04.2018 and petitioner was arrested and Battery Rickshaw was seized.

Petitioner claims to be owner of the vehicle and since there is no recovery of any illicit liquor and allegation is dirving Rickshaw in a drunken condition as such, Battery Rickshwa is not liable for confiscation and bar of jurisdiction in confiscation under Section 60 of the Excise Act is not applicable, as such concerned Special Court (Excise) can exercise jurisdiction under Section 451 of Cr.P.C for release of the vehicle during pendency of criminal trial.

The writ petition is disposed of with liberty to petitioner to file a petition under Section 451 of Cr.P.C for

Patna High Court CWJC No.15559 of 2019 dt.26-06-2020 3/3 release of vehicle before the concerned Special Court (Excise), where the trial of case arising out of Chhauradano P.S. Case No. 84 of 2018 dated 09.04.2018 is pending and the Special Court is directed to dispose of such petition within 30 days from the date of filing.

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