Pankaj Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6262 of 2018 ======================================================
1. Pankaj Kumar, Son of Satyendra Kumar Singh, Resident of VillageBishpatti, P.S. Alam Nagar, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The Collector, Purnea.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh For the Respondent/s : Mr. Kumar Manish- Sc5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-04-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Excise Case No.08 of 2018 arising out of Baisi P.S. Case No.157 of 2017), vehicle of the petitioner (Alto car) bearing Chassis No. MADEUA 61500968617 and Engine No.F8DN5726912) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Purnea. In case respondents want to take action for confiscation, they are cautioned to take note of Section 56 of the Act and shall initiate proceedings only if the confiscation proceedings can be initiated in a case like this where there is no seizure of liquor and the vehicle is not used for transportation of
Patna High Court CWJC No.6262 of 2018 (2) dt.10-04-2018 2/2 liquor and only the driver is found to have driven the vehicle in a drunken condition. In case confiscation proceedings are initiated and finally it is found that the confiscation could not be initited being contrary to Section 56, the petitioner shall have liberty to seek compensation to be paid by the officer concerned personally who takes action in the matter.
With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Sanjeev/- U T