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RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Bimlesh Kumar – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard the learned counsel for the petitioner and learned GP-6 for the State.
2. The petitioner in this case is seeking release of his vehicle (Innova Crysta Car) bearing registration no. BR01HM-5806, Engine No. 2GDA779788 and Chassis No. MBJJB8EM101656705-0124, which has been seized in connection with Excise Patna P.S. Case No. 336 of 2025 registered on 03.03.2025 for offence alleged under Sections 30(a) & 56(b) of Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2022.
3. The petitioner in the present case is seeking to challenge the order passed by the Revisional Authority in Excise Revision Case No. 24 of 2025, whereby and whereunder the Revisional Authority has refused to interfere with the appellate order and the confiscation order passed by the Assistant Commissioner, Excise in Vehicle (Acquisition) Case No. 212 of 2025-26. It is submitted that the vehicle in question was seized in connection with Excise Patna P.S. Case No. 336 of 2025, dated 03.03.2025, for allegedly carrying 198.720 litres of liquors. The Confiscating Authority has, though, directed for release of the vehicle in terms of Rule 12A(2) of the Bihar Prohibition and Excise Rules 20
Vehicle owners cannot be penalized for offenses involving stolen vehicles if they are not complicit in the crime.
Vehicle owners cannot be penalized for release if their vehicle was stolen and they are not involved in criminal activities, reaffirming judicial principles of justice.
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....
The court ruled that confiscation orders must comply with statutory provisions regarding seizure and penalty, and that prior judgments must be considered.
Confiscation orders must consider public interest and judicial precedents in liquor transportation cases under the Bihar Prohibition and Excise Rules.
Habitual offenders may face stricter measures regarding confiscation of vehicles involved in illegal activities, despite claims for release under statutory provisions.
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