Pankaj Om Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14894 of 2022 ====================================================== Pankaj Om Prakash Singh Son of Late Om Prakash, Resident of VillageGahmar, Police Station- Gahmar, District- Gazipur, (U.P.), presently residing at K-402, Swagat Residency, Ichhapor, Choryasi, Ichchhapor, Surat, Gujrat394510 ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.
2.
The District Magistrate, Gaya.
3.
The Superintendent of Police, Gaya, District- Gaya. 4.
The Officer-in-charge, Police Station- Rapur, District- Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar, Adv For the Respondent/s :
Mr.Vikash Kumar (SC11) ====================================================== 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 the following relief(s):- "That though this writ petition, petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ commanding the respondents directing them to release the vehicle Creta 1.6 SX PLUS AT (Car) bearing registration No. GJ 05 JS 2164, Engine No. D4FBHM252372, No.MALC381UMHM208700, in Chassis favour of the petitioner being owner of the vehicle which has been seized in connection with Rampur P. S. Case No.472/2022 on 05.09.2022 registered for the offences under section 337/228/179/427 of the Indian Penal Code and under section 30(a) and 37(ii) of Bihar Prohibition and Excise Amendment Act 2022 for alleged have accusation that two accused persons who were present in the vehicle in drunken position and one 750 ml bottle of BLENDERS PRIDE which was only filed 4th i.e.
Patna High Court CWJC No.14894 of 2022 dt.21-12-2022 2/3 2022 (approx 187.50 ml) (250 ml) was found in bottle, therefore both accused persons were Arrested and vehicle was seized and seizure memo was prepared and the said seizure of vehicle is contrary to the provision of 56 of the Bihar Prohibition and Excise Act."
Allegation is recovery of 250 ml of illicit liquor from 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 250 ml of illicit 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
Patna High Court CWJC No.14894 of 2022 dt.21-12-2022 3/3 2022 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 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/rAFR/NAFR NAFR CAV DATE NA Uploading Date 24.12.2022 Transmission Date NA