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P. B. BAJANTHRI, SUNIL DUTTA MISHRA
Satvinder Singh Bedi – Appellant
Versus
State of Bihar – Respondent
Sunil Dutta Mishra, J.—Heard both the parties.
2. By filing the present writ petition, the petitioner has prayed for the following relief(s):—
(i) To issue an appropriate writ, order or directions including a writ in the nature of mandamus in Excise P.S. Case No. 13 of 2025 and issuance a writ order or direction including a writ in the nature of mandamus commanding the respondents to release the seized vehicle bearing its registration No. DD02G0824 (BMW Car) Engine No. 0057Y453 Chassis No. WBA27DR08PY425456 which was seized in arising out of Excise P.S. Case no.13 of 2025 relates to the petitioner has been seized without proper reason.
(ii) To issue an appropriate writ/order/direction directing the respondents to take no action against vehicle during pendency of this writ petition.
(iii) And/or other writ/writs, order/orders or direction/directions may be issued which the petitioner is entitled to.
3. As per prosecution’s case, there is alleged recovery of 750ml of foreign liquor beneath the driver’s seat from the vehicle of petitioner bearing Registration no. DD-02- G-0824, Chassis No. WBA27DR08PY425456 and Engine No. 0057Y453. On basis of the aforesaid facts, F.I.R. was registered on
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
The court upheld the confiscation of a vehicle used for illicit liquor transport but modified the penalty to Rs. 3,00,000, affirming the importance of evidence over a lack of criminal antecedents.
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