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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ARUN KUMAR JHA
Rajeev Kumar, Son of Vijay Pandey – Appellant
Versus
State of Bihar the Principal Secretary Department of Excise, Government of Bihar, Patna – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
The present writ petition has been filed for quashing the order dated 07.02.2025 passed in Excise Confiscation Case No.656 of 2024 by the learned Assistant Commissioner, Prohibition, Gaya whereby and whereunder the Splendor motorcycle of the petitioner bearing registration No. BR26S-7652, Chassis No. MBLHAW110LHG10130, Engine No. HA11EVLHG10049 has been directed to be confiscated in connection with Sindhugarh P.S. Case No.14 of 2024.
2. The brief facts of the case, according to the petitioner are that his motorcycle bearing registration No. BR26S-7652 was snatched on 05.12.2023 by two unknown miscreants leading to the petitioner having filed an FIR bearing Wazirganj P.S. Case No. 723 of 2023 dated 06.12.2023 under Section 394 of the Indian Penal Code. It appears that subsequently the police force, while on patrolling duty as also while they were checking vehicles, had apprehended four motorcycles carrying 150 liters of illicit liquor each in sacks and during the course thereof one of the motorcycles bearing same chassis number and engine number as that of the motorcycle of the petitioner was also seized. This led to lodging of an FIR bearing Sindhugarh
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.
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