ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 23-01-2025 In the instant writ petition, petitioner has prayed for the following relief(s):

“(i) For issuance an appropriate writ/writs/order/orders/ direction/ directions including a writ preferably in the nature of mandamus for the direction to release of the Innova car bearing Reg. No.HR44C-0105 in favour of the petitioner which is seized in connection with Bheldi P.S. Case No.274 of 2024 dated 23.08.2024 for offences under 223, 274, 275 of the Bharatiya Naya Sanhita 2023 and sections 30(a), 32, 36, 47 of the Bihar Prohibition and Excise (Amendment) Act 2022 . There is no liquor have been recovered from Innova car bearing Reg. No.HR44C-0105.

(ii) Restraining the Respondents from taking any coercive action in connection with .

(iii) Any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case.”

2. On the previous date of hearing on 20.01.2025, we had noticed that petitioner’s subject matter of vehicle bearing Registration No.HR44C-0105 is not involved for the offences under the Excise Act as is evident from the F.I.R. and seizure memo. On the other hand, Bolero P