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2022 Supreme(Pat) 699

CHAKRADHARI SHARAN SINGH, CHANDRA PRAKASH SINGH
Md. Irfan Alam – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Yogendra Mishra, Vishwajit Mishra, Md. Shahnawaz Ali.
For the Resp.-State : Mr. Vivek Prasad.
For Respondent No. 7: Mr. Kundan Kumar.

Chakradhari Sharan Singh, J.—The Bihar Prohibition and Excise Act, 2016 (the Act for short), has been enacted for complete prohibition of liquor and intoxicants in the territory of the State of Bihar. Chapter-VI of the said Act prescribes penalty for unlawful manufacture, import, export, transport, possession, sale, purchase, and distribution etc. of any intoxicant or liquor. Section 56 of the Act delineates the list of such things, which would be liable for confiscation, in case an offence punishable under the Act is committed, which includes any animal, vehicle, vessel or other conveyance used for carrying any intoxicant or liquor. Section 58 of the Act confers upon the Collector a jurisdiction to order confiscation of a property, which is liable for confiscation under the Act, which is seized or detained under the provisions of the Act, upon receipt of a report regarding such seizure/detention of such property liable for confiscation. Sub-section (3) of Section 58 of the Act requires giving the person concerned a reasonable opportunity of being heard before passing an order of confiscation.

2. It is indisputable in the instant case that a truck bearing registration No. WB-23D-925

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