Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and JITENDRA KUMAR, JJ.
CWJC No. 9504 of 2023
(30.1.2024)
Munna Ram ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Bihar Prohibition and Excise Act, 2016 – Section 37 (b) (c) read with Sections 56, 57B, 58, 61 and 95 – Bihar Prohibition and Excise Rules, 2021 – Rules 12A and 13A – Indian Penal Code, 1860 – Sections 279/337 and 338 – Petition seeking release of seized vehicle – Rash and negligent driving in inebriated condition – Use of vehicle in commission of offence under the Act is sine qua non for confiscation or release on payment of penalty – If vehicle in question is no way involved in alleged offence, no penalty could be imposed upon owner for its release, no confiscation proceeding could be started in regard to vehicle – When driver of a vehicle is found to have consumed intoxicant or liquor in violation of Bihar Prohibition and Excise Act, 2016, no one can contend that vehicle was used in commission of offence under the Act – Vehicle cannot be seized and confiscated under Prohibition Act – At most, driver may be prosecuted for offence committed. (Paras 17 and 18)
Bihar Prohibition and Excise Act, 2016 – Section 37(b)(c) read with Sections 56, 57B, 58, 61 and 95 – Bihar Prohibition and Excise Rules, 2021 – Rules 12A and 13A – Indian Penal Code, 1860 – Sections 279/337 and 338 – Petition seeking release of seized vehicle – Rash and negligent driving in inebriated condition – As per Para 22 of letter dated 07.02.2020 bearing Letter No. 13/HC-06-55/2020-670, written by Additional Chief Secretary, Home Department cum Prohibition, Excise and Registration Department, such vehicle from which no liquor has been recovered, will not be confiscated – Vehicle in question is not liable to be seized and confiscated under Bihar Prohibition and Excise Act, 2016 – For offence under IPC, vehicle cannot be confiscated or retained by Police or any authority – It has to be released to custody of owner with undertaking to produce it before trial court as and when directed by it – Respondents directed neither to initiate any Confiscation Proceeding in regard to vehicle in question, nor to impose any penalty upon petitioner to release vehicle to him – Writ Petition allowed. (Paras 19 to 22)
Jitendra Kumar, J.—The present civil writ petition under Article 226 of the Constitution of India has been preferred praying for the following reliefs:—
“(1) Release of the Tata Vehicle 207 RX bearing Registration No. BR-01-GH-1131 in favour of the petitioner which is seized in connection with Dulhin Bazar P S Case No. 108 of 2022 dated 09.05.2022 instituted Under Section 279 / 337 and 338 of the Indian Penal Code read with Section 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016 as amended in 2018 within the jurisdiction of Dulhin Bazar Police Station ;
(ii) Restraining the Respondents from taking any coercive action in connection Dulhin Bazar PS Case No. 108 of 2022 dated 09.05.2022 instituted Under Section 279 / 337 and 338 of the Indian Penal Code read with Section 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016 as amended in 2018 within the jurisdiction of Dulhin Bazar Police Station.”
2. The relevant facts, as emerging from the record, are that on written report of one Saurabh Sinha, Dulhin Bazar P.S. Case No. 108 of 2022 was registered on 09.05.2022 for offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Section 37 (b)(c) of the Bihar Prohibition and Excise Amendment Act, 2018 against one Sobhnath Mochi. As per the report, on 09.05.2022 the informant along with his uncle were going from his village to Vikram for work. All of a sudden, one pickup vehicle bearing registration no. BR-01-GH-1131, coming from opposite direction, hit the informant and his uncle due to negligence of the driver and high speed of the vehicle. The vehicle coming from behind was also affected and two people namely Rahul Kumar and Chittranjan Kumar were badly injured. Thereafter, they were taken to the PHC Dulhin Bazar Hospital and from there, doctors referred them to Patna. The driver of the vehicle was apprehended and the vehicle was seized by the police and the apprehended accused disclosed his name as Shobhnath Mochi. In breath analyzer test, he was found to have consumed 311 mg/100 ml alcohol.
3. During the course of hearing, it has been informed by Ld. counsel for the State that in pursuance to the order of this Court dated 10.08.2023, the vehicle in question has been released to the petitioner with some undertaking.
4. Heard Ld. Counsel for the petitioner and Ld. Counsel for the respondents.
5. Ld. counsel for the petitioner submits that as per the alleged facts and circumstances, it is crystal clear that there was no recovery of any illicit liquor or intoxicant from the vehicle and vehicle was only being driven by the driver in a drunken condition. In such situation, there are several pronouncements of this Court to the effect that in such type of facts and circumstances, the vehicle is not liable for seizure and confiscation under the Bihar Prohibition and Excise Act, 2016. Only the driver could be prosecuted for offence committed under the Act. Even the Government of Bihar has issued letter to this effect. In such situation, the Respondent-official may be directed not to proceed with confiscation proceeding under the Bihar Prohibition and Excise Act in regard to the vehicle in question which has already been released to the petitioner.
6. However, Ld. counsel for the Respondent submits that vehicle in question has already been released without any penalty and only undertaking has been taken from the petitioner to produce the vehicle before the trial court concerned, if and when required during trial. He however maintains that the vehicle in question is also liable for confiscation under the Bihar Prohibition and Excise Act in view of the facts and circumstances of the case or the petitioner is liable to pay penalty for release of the vehicle under the Act.
7. In view of the aforesaid facts and circumstances and the rival submissions of the parties, the legal question which arises for consideration by this Court is whether the vehicle in question is liable to be confiscated under the Bihar Prohibition
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
The main legal point established in the judgment is the need for timely initiation and conclusion of confiscatory proceedings under the Bihar Prohibition and Excise Act, 2016, and the issuance of dir....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
