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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ALOK KUMAR PANDEY
Md. Hasmuddeen Ali S/o Md. Shafique Mansuri – Appellant
Versus
State of Bihar through Secretary Excise and Prohibition Department Govt. of Bihar, Patna – Respondent
ORAL JUDGMENT :
MOHIT KUMAR SHAH, J.
The present writ petition has been filed for quashing the order dated 05.01.2024, passed by the learned Court of Sub- Divisional Magistrate, Gopalganj in Sub-Divisional Confiscation (Excise) Case No. 1047 of 2023 whereby and whereunder the motorcycle of the petitioner bearing registration No. N/A, Chassis No. MBLHAR071JHL13627 and Engine No. HAI0AGJHLB2192, has been directed to be confiscated and put on auction sale.
2. The short facts of the case, according to the petitioner are that his motorcycle bearing Registration No.BR05AE-7596 (Hero Splendor+) having the same chassis and engine number, as aforesaid was stolen in the evening of 09.05.2022 from Puran Chapra Market, leading to him having lodged an FIR for theft of his motorcycle bearing Chakiya P.S. Case No.180 of 2022 dated 10.05.2022, registered under Section 379 of the IPC . The petitioner, subsequently came to know that the said motorcycle has been seized in connection with Kuchaikote P.S. Case No. 470 of 2023 dt. 15.09.2023, registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as “the Act, 2016”) against four accused persons on account of
Confiscation of property requires evidence of owner's involvement in the crime; lack thereof violates fundamental rights.
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.
Seizure of a vehicle under the Bihar Prohibition and Excise Act requires evidence of its use in the commission of an offence; mere ownership does not suffice.
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....
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....
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