DINESH KUMAR SINGH, J.:–Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner, learned A.C. to G.P.-7 for the respondent.

2. The present writ application has been filed for release of white colour Tavera vehicle bearing Registration No.BR-01-PB-0481, Chasis No.MA6AB605DAH105696, seized in connection with Balthar P.S. Case No.29 of 2019, registered for the offence punishable under Section 279 of the IPC and Section 37(c) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018 (hereinafter referred to as ‘the Act’).

3. The relief as prayed for in paragraph No.1 of the writ application reads as follows:—

(a) For instance of appropriate writ commanding the respondent authorities to release the White Colour Tavera, Four Wheeler, bearing Registration No.BR-01PB-0481, Chasis No.MA6AB605DAH105696 and Engine No.3DK106434 of the petitioner which has been seized by the respondent police officials of Balthar P.S. Case No.29 of 2019 dated 31.03.2019 registered for the offences u/s 279 of I.P.C. and u/s 37 (c) of Bihar Excise and Prohibition Act, 2016 in favour of the petitioner and handling it over to the petitioner or to his representative. The case is pending in the Court of learned Special Judge Excise, Bettiah, West Champaran. The vehicle of the petitioner is lying on the police station premises.

(b) For the issuance of any other relief /reliefs to which the petitioner may be found entitled, in the present facts and circumstances of the case in favour of the petitioner.

4. The factual matrix of the case is that the prosecution case got initiated with written report of Madan Lal Gupta, Assistant Sub-Inspector of Police, Balthar P.S. submitted to S.H.O. Balthar P.S. to the effect that on 31.03.2019 at 4.30 P.M. during patrolling duty, the police personnel at about 8.30 P.M. intercepted the vehicle in question since it was being driven in rash and negligent manner. Subsequently, the informant found the driver in intoxicated condition who disclosed his name as Nagina Sah. Thereafter, search was made and the driver was taken to preliminary health centre where the doctor found him in intoxicated condition, leading to registration of Balthar P.S. Case No.29 of 2019 for the offence punishable under Section 279 of the IPC and Section 37(c) of Bihar Prohibition and Excise Act, 2016 and the vehicle was seized by the informant.

5. It is submitted by learned counsel for the petitioner that it is admitted position that neither any liquor or intoxicating material was seized from the vehicle in question and only the driver was found in intoxicated condition. The vehicle in question is admittedly not used for carrying intoxicating material or liquor hence the vehicle, in question, is not liable to be confiscated under Section 56 of the Act.

6. However, confiscation proceeding has not been initiated till date. Statement to that effect has been made in paragraph No.12 of the petition which reads as follows:—

“12. That, the petitioner humbly stated and submitted that to the best of the knowledge of the petitioner no confiscation proceeding has been initiated.”

7. The vehicle is now under open sky and there is no likelihood of trial being concluded.

8. Learned A.C. to G.P.-7 submits that it is admitted position that no liquor or intoxicating material has been seized either from the driver or from the vehicle in question, however, the driver was found in intoxicated condition and in such circumstances, in view of the ratio laid down in the case of Diwakar Kumar Singh Vs. The State of Bihar, 2018 (3) PLJR 403, he has no objection in the provisional release of the vehicle, in question.

9. Having heard learned counsels for the parties, we are of the considered opinion that since it is an admitted position that approximately two lakh cases under the Act have been lodged in the State of Bihar, it has not only exploded the dockets of the trial court or the various authorities, i.e. the Collector of the districts who conducts the con