Md. Shamsher Iraki v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8946 of 2018 ====================================================== Md. Shamsher Iraki, son of Md. Nesar Ahmad, Resident of Village-Purani Bazar Masaurhi, P.S.-Masaurhi, District-Patna. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Bihar Prohibition and Excise, Bihar, Patna.
2. The Collector-cum-District Magistrate, Patna.
3. The Superintendent of Police, Patna.
4. The Superintendent of Excise, Patna.
5. The Sub-Inspector of Police, Pirbahore P.S., District-Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Respondent/s : Mr. Vivek Prasad- GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-05-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Pirbahore P.S. Case No. 567/2017), vehicle of the petitioner (Bullet Motorcycle bearing Registration No. BR-01BF-9192) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Patna. 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 liquor and only the driver is found to have driven the vehicle in a
Patna High Court CWJC No.8946 of 2018 (2) dt.16-05-2018 drunken condition. In case confiscation proceedings are initiated and finally it is found that the confiscation could not be initiated 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) Arvind/- U