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2023 Supreme(Pat) 274

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Anjani Jha @ Anjani Kumar Jha – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Dharmendra Kumar Sinha, Ajay Kumar Singh, Ganesh Chandra Thakur.
For the Respondent: Mr. Kumar Manish, SC- 5.

Chakradhari Sharan Singh, ACJ.—The undisputed facts of the present case portray a blatant highhandedness on the part of the respondents for the manner in which the petitioner's vehicle was auction sold, based on an order of confiscation passed under Section 56 of the Bihar Prohibition and Excise Act, 2016 ("the Act" in short), in brazen violation of the mandatory statutory prescription under Section 92 of the Act.

2. The petitioner is admittedly the registered owner of a WagonR car bearing Registration No. BR07AN-9031 with its Engine No. K10BN-8418515, Chassis No. MA3JMT31SLJ350953. On 25.01.2021, the said vehicle was intercepted by a police officer of Begusarai Muffasil Police Station in the night at 12:30. Allegedly, the said car was seen moving in high speed by the police, and upon chase the vehicle was intercepted. Seven persons, it is alleged, were found sitting in the said car, and upon further search an unsealed bottle of IMFL by the name of Imperial Blue of capacity 375 ml was seized. Out of 375 ml, some part of it, it is alleged, was consumed and 200 ml was found left in the bottle. The police also recovered a cigarette packet with the brand name ‘Charms’, five plastic glas

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