P. B. Bajanthri, J.—In the instant petition, petitioner has prayed for the following relief:—

“I. To issue an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to release the BAJAJ PLATINA 110 motorcycle bearing Engine no.:- PFXPNG35105, Chassis No. MD2B77AX7NPG09445, registration No. BR 28AA 9827, in favour of the petitioner, which has been seized in connection with Gopalpur P.S. Case No. 216/2023 dated 27.08.2023 Registered under sections 30(a) of the Bihar Prohibition and Excise Act 2022 and also during pendency of the confiscation case if any arising out of the instant case.

II. Any other order or Orders.”

2. On 29.11.2024, we have passed the following orders:—

“The Superintendent of Police, Gopalganj, is hereby directed to file his personal affidavit as to why the subject matter of vehicle bearing Registration No.BR28AA9827 has been seized in the absence of any recovery of liquor from the said vehicle. If no liquor is recovered from the aforementioned vehicle in that event he is hereby directed to release the subject matter of vehicle in favour of the owner forthwith. If the police departments are disputing to the extent that subject matter of vehicle is involved in the excise offence and certain amount of liquor has been seized in that event necessary details shall be filed along with the documents. Further, whether confiscation proceeding has been initiated and completed or not. This may also be indicated in the affidavit to be filed. Such affidavit be filed before the next date of hearing.

2. Re-list this matter on 03.12.2024.

3. Copy of this order shall be given to the learned Standing Counsel (11) appearing for the State.”

3. Pursuant to our order dated 29.11.2024, Mr. Avdhesh Dixit, Superintendent of Police, Gopalganj is present in the Court. He has made a statement that subject matter of vehicle has been released in favour of the petitioner. Due to lack of knowledge, Investigating Officer has seized the vehicle.

4. It is a serious misconduct committed by the Investigating Officer without having knowledge of the relevant law. The vehicle was seized and kept in the Police custody for more than one year. At the same time, the Superintendent of Police has not undertaken any review proceedings insofar as seizure of the vehicle and what are the steps taken on behalf of department. Due to which the vehicle was lying in the Police station yard, resultantly, seized vehicle’s value depreciated over time due to its exposure to nature and for not operating for more than one year.

5. Taking note of these facts and circumstances, the Superintendent of Police, Gopalganj is hereby directed to take necessary refresher course to his subordinates, who are all involved insofar as seizure of the vehicles or premises for the offences under the Bihar Prohibition and Excise Act or for any other offences as to what are the steps to be taken in accordance with law. That apart, unnecessary pile up of seized vehicles and exposure to nature like Sun, rain & dust, resultantly value of the vehicle would be depreciated. That apart, we have come across Police officials are misusing or abusing the seized vehicle by using such vehicles for their personal use. In one of the case petitioner has produced G.P.S. data and video clipping. This is also deprecated. On this count, the Superintendent of Police, Gopalganj is hereby directed to undertake necessary steps in suggestion/advising the subordinates by means of refresher course. He has to ascertain as to how many vehicles are lying under his jurisdiction and see that the vehicles are one way or the other it should be disposed in favour of the litigant or it should be auctioned and the auction amount shall be remitted in the nationalized bank so as to avoid depreciation value of the vehicle. If a seized vehicle is not produced in Court, a Magistrate can pass orders for its disposal. A Magistrate can also pass orders for the return of a seized vehicle if necessary bon