Dipesh Prasad @ Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15743 of 2022 ====================================================== Dipesh Prasad @ Dinesh yadav Son of Hira Mahto, Resident of VillageMadhubani Ghat Tola Mathiya, P.S.- Motihari Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Collector-cum-District Magistrate, West Champaran. 4.

The Superintendent of Police, West Champaran. 5.

The Superintendent of Excise, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rashmi Jha, Advocate Mr.Abhishek Kumar, Advocate For the Respondent/s :

Mr.Vivek Prasad ( GP 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "a) To issue an appropriate writ/order/direction, in the nature of writ of Mandamus directing the respondent Collector to release Pick up bearing registration no. BROSGB6389, which has been illegally seized by the S. I. in Naurangiya P. S. Case No. 109 of 2022 dated 14.09.2022 instituted for the offences under section 30(a) of the Bihar Prohibition and Excise Act, 2016. (b) To grant any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case."

Allegation is recovery of 375 ml. of illicit liquor from

Patna High Court CWJC No.15743 of 2022 dt.21-12-2022 2/3 the seized vehicle of the petitioner.

Petitioner claims to be the owner of the said vehicle. It is further submitted that a meagre quantity of 375 ml. of liquor has been recovered from the vehicle, as such, it cannot be inferred that the vehicle was used for transporting/carrying illicit liquor, nor it can be presumed that recovered illicit liquor was kept for sale/purchase/ trade purpose and it appears that same was kept for personal consumption.

In the facts and circumstances of the case, the District Magistrate/Confiscating Officer concerned is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers with respect to vehicle in question in his/her name and on furnishing adequate sureties to the satisfaction of District Magistrate / Confiscating Authority and undertaking.

The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above, which would however be subject to finalization of the confiscation proceeding.

Petitioner is also at liberty to get his/her vehicle released on payment of penalty in terms of Rule 12(A) inserted

Patna High Court CWJC No.15743 of 2022 dt.21-12-2022 3/3 by amending Bihar Prohibition and Excise Rules, 2021. With said observation and direction, this writ petition is disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date 24.12.2022 Transmission Date