Mitul Raj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15371 of 2018 ====================================================== Mitul Raj, Son of Nirmal Kumar Singh, resident of village - Kalyanpur, P.S. - Paru, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

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

2.

District Magistrate, Muzaffarpur.

3.

Excise Superintendent of Muzaffarpur.

4.

S.H.O. Karja Police Station, Muzaffarpur.

5.

Investing Officer of Mushahari P.S. Case No. 198 of 2017 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Respondent/s :

Mr. Vikash Kumar - SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-08-2018 Petitioner has filed this writ petition challenging the confiscation proceedings initiated against him or proposed to be initiated against him, so also seizure of his vehicle Bajaj Vikranta Motorcycle bearing Registration No. BR-06BK-0327, seized in connection with Karja P.S. Case No. 198 of 2017, Confiscation case No. 58/18-19.

It is the case of the petitioner that the only allegation against the petitioner and the case registered under the Bihar Excise and Prohibition Act, 2016 is with regard to the petitioner driving the vehicle in a drunken condition. It is emphasized that under Section 56 of the Bihar Excise and Prohibition Act, 2016, when the vehicle in question is not

Patna High Court CWJC No.15371 of 2018(2) dt.03-08-2018 2/2 being used for transportation or carrying of any liquor, seizure or confiscation of the vehicle is not permissible. Considering similar arguments, we had held in C.W.J.C.No.13162 of 2018 yesterday and earlier also in the case of Diwakar Kumar Singh Vs. The State of Bihar & Ors. (C.W.J.C. No.5049 of 2018) that under Section 56 of the Act when the only allegation against a person is that he is found to be driving a vehicle or plying it on a public place in a drunken condition, the provisions of Section 56 is not applicable and confiscation and seizure of such a vehicle is not permissible under the Bihar Excise and Prohibition Act, 2016.

Accordingly, in view of the above, we allow this application, quash the confiscation proceedings, permit the respondents to proceed to prosecute the applicant, namely Mitul Raj, for being or driving in a drunken condition. Accordingly, confiscation of the vehicle shall stand quashed and vehicle released to the petitioner, if not required in any other case.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/Uma/- U