Madhuresh Prasad, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner’s vehicle (Maruti Suzuki) was searched and on alleged recovery of 2 litres illicit country liquor, in bottles of packaged drinking water, being carried by passengers in the vehicle, has been seized and First Information Report (for brevity ‘FIR’) bearing Sareya P.S. Case No. 604/2020 has been instituted on 08.09.2020, under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. It is the petitioner’s case that his vehicle had been hired by someone for travelling from Khagaria to the State of Haryana. He was not aware of any liquor being carried by the passengers. From the F.I.R., it is evident that petitioner was driver as well as owner of the vehicle and even if the passengers had kept some illicit country liquor in bottles of packaged drinking water, criminal liability for the same cannot be vicariously fastened on the petitioner. It is his assertion that in the instant case, it is evident from the records being the orders passed by the Confiscating Authority, Appellate Authority as well as the Revisional Authority that there is no report of the Forensic Science