JUDGMENT :

MOHIT KUMAR SHAH, J.

1. Heard the Ld. Counsel for the petitioner, who is appearing through video conferencing and the Ld. Counsel for the State.

2. The present writ petition has been filed for quashing the order dated 1.7.2025, passed by the Ld. Court of Sub-Divisional Magistrate, Mohania (Kaimur) in Excise (Vehicle Confiscation)Case No. 24/2025, whereby and whereunder the vehicle in question i.e. the one bearing Registration No. UP57BH7128, Chassis No. MALFB81BLNM386671 and Engine No. G4LANM304200 has been confiscated and directed to be auction sold in connection with Durgawati P.S. Case No. 169/24 dated 21.6.2024, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 (hereinafter referred to as the “Amendment Act, 2018”) on account of recovery of 350.250 liters of illicit liquor from the said vehicle, i.e white colour Hyundai Company Venue Car.

3. The brief facts of the case, as per the complaint lodged by the Sub-Inspector of Police, Durgawati Police Station (hereinafter referred to as “the informant”) with the Inspector of Police-cum-Officer-in-Charge, Durgawati Police Station is that on 21.6.2024 at about 9:00 hours he received secret information, while he was at the police station, to the effect that on the road towards the northern side of village Khuthan, one white colour Hyundai Company Venue Car is parked in which illicit liquor has been kept. The informant along with the police force had then proceeded to the said place of occurrence by a Government vehicle and upon reaching the said place, he found that one white colour Hyundai Company Venue Car was standing on the road and all the four doors of the said car were closed. Thereafter, in presence of two police personnel, search of the said vehicle was made and 350.250 liters of illicit liquor was recovered from the said vehicle. In fact, from the said car, a copy of registration certificate of the said car was also recovered in which the name of the petitioner was mentioned as the owner of the said vehicle along with his address. Thereafter, the said car along with the illicit liquor was seized and the seizure list was prepared, whereupon the aforesaid FIR bearing Durgawati P.S. Case No. 169/24 was registered.

4. The learned counsel for the petitioner, who is connected online by means of video conferencing facility, has submitted that the petitioner has purchased the aforesaid vehicle in question on loan and he had been paying monthly EMI of Rs. 15,758/- since 01.12.2022, which has finally been paid and settled on 01.11.2025. It is submitted that in order to meet out the financial burden of EMI, the petitioner started using Zoom Car Application for the purposes of renting out his car and prior to the said incident, he had rented out his car twice. On the present occasion, one Mr. Farukdin had approached through Zoom Car Application for taking the vehicle in question on rent, whereafter the petitioner had given the vehicle in question to the said Mr. Farukdin, after taking his Aadhar card, PAN card, photo copy of the driving license etc. and entering into a rental agreement dated 18.06.2024. Thereafter, the petitioner got to know that his car has been seized in connection with the aforesaid Durgawati P.S. Case No. 169/24 on account of recovery of illicit liquor from the said car.

5. The learned counsel for the petitioner has submitted that the petitioner had called Mr. Farukdin on 22.6.2024 to know about the status of his location and time of returning the car, however on account of the said Mr. Farukdin having misbehaved with the petitioner and not returned the car, the petitioner had approached the police station- Kishangarh, Delhi to lodge a complaint case against Mr. Farukdin on 22.6.2024 pertaining to the customer not returning his car, however the petitioner was told by the police personnel at the police station- Kishangar, Delhi that his car has been seized in connection with Durgawati P.S. Case No. 169/2024.

6. The learne