Mina Devi (female) vs State Of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 402

AHSANUDDIN AMANULLAH
Mina Devi (female) – Appellant
Versus
State Of Bihar – Respondent

Advocates Appeared:
Mirityunjay Kumar, Advocate, Damodar Prasad Tiwary, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. Heard Mr. Mirityunjay Kumar, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Vibhutipur PS Case No. 245 of 2020 dated 22.08.2020, instituted under Sections 272/2734 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner is that with regard to recovery made by the police of 5507.640 litres of foreign liquor from one Truck, one Bolero pick-up, one Mahindra Scorpio and two motorcycles; one motorcycle was registered in the name of the petitioner, from which 17.280 litres of foreign liquor was recovered.

5. Learned counsel for the petitioner submitted that she is a lady aged 45 years and has absolutely no connection with such seizure as it cannot be expected and believed that she would be driving the motorcycle. It was submitted that because her husband lives outside, as the motorcycle was lying, she had given it to her neighbour, who had

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