Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14715 of 2022 ====================================================== Umesh Kumar, Son of Late Gopal Jee Yadav, Resident of Mohalla-Motitola, Police Station-Ara Town, District-Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

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

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

3.

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

4.

The District Magistrate, Buxar.

5.

The Superintendent of Police, Buxar.

6.

The Excise Superintendent, Department of Excise, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranvijay Narain Singh, Advocate For the Respondent/s :

Mr.Kumar Manish (SC- 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-05-2023 Petitioner is aggrieved with the seizure of his vehicle (Scorpio Jeep) bearing Registration No. BR 03M/0050, Chassis No. MA1TA2MWND2F 20226, Engine No. MWD4F18683, which was seized on 07.09.2017 and an F.I.R. registered as Excise Case No. 272(o) of 2017 for the reason of recovery of 500 ml. liquor.

Learned counsel for the petitioner submits that for release of his vehicle he has already deposited security bond of

Patna High Court CWJC No.14715 of 2022 dt.05-05-2023 2/2 Rs. 4,55,000/- but the vehicle has not been released. Learned State counsel on instructions submits that the vehicle has been confiscated on 27.03.2023.

Keeping in view the fact that the seizure was made on 07.09.2017 and the quantity recovered from the vehicle is very minimal, we direct that on payment of penalty of Rs. 20,000/- (twenty thousand) before the authority concerned, the vehicle shall be released in favour of the petitioner after verifying the ownership of the vehicle and he shall be absolved from the confiscation proceedings. The security bonds furnished by the petitioner shall be cancelled.

The writ petition stands disposed of.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 09.05.2023 Transmission Date