Chanda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16580 of 2022 ====================================================== Chanda Wife of Saurabh Raj Resident of Village-Mafi Guriyaw, P.O.- Semariya, P.S.-Kateya, District-Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna. 2.
The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.
3.
The Collector-Cum-District Magistrate, Siwan. 4.
The Superintendent of Police, Siwan.
5.
The S.H.O. Goreakothi, P.S., District-Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Respondent/s :
Mr.Vivek Prasad (Gp7) ====================================================== 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:- "(1)For a Direction upon the Respondents, particularly Respondent No. 3 to 5 Release the Scorpio Vehicle bearing Reg. No. BR05PA7458, Chassis No. MA1TA2WR2J2A10629, Engine No. WRH4L13980 in favour of the Petitioner which was seized in connection with Goreakothi P.S. Case No. 229 of 2022 dated 27.10.2022 registered U/SS 30 (a) of Bihar Prohibition and Excise Act 2016.
(II). For any other relief or reliefs as the Petitioner may found entitled by this Hon'ble Court be given." Allegation is recovery of 1.5 litre of illicit liquor from the seized vehicle of the petitioner.
Patna High Court CWJC No.16580 of 2022 dt.21-12-2022 2/3 Petitioner claims to be the owner of the said vehicle. It is further submitted that a meagre quantity of 1.5 litre 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 by amending Bihar Prohibition and Excise Rules, 2021.
Patna High Court CWJC No.16580 of 2022 dt.21-12-2022 3/3 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