Advocates:
['Tribhuwan Narayan', '', 'MUKUL KUMARI', 'KUMAR MANISH SC']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14057 of 2019

======================================================

Rajesh Kumar Prasad @ Rajesh Prasad @ Guddu Saw, age about 35 years

old, male, son of Sakaldev Sah, R/O Village- Deokuli, Munsepur, P.S. Bihata ,

District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner Excise Department, State of

Bihar, Patna.

2.

The Director General of Police, Bihar Patna.

3.

The Collector Cum District Magistrate, Patna.

4.

The Superintendent of Police, Patna.

5.

The Station Head Officer of Bihata, Police Station, District- Patna.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mrs. Mukul Kumari, Advocate

For the Respondent/s

:

Mr. Prashant Kumar, AC to SC-5

======================================================

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

and

HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)

Date : 27-02-2020

Heard Mrs. Mukul Kumari, learned counsel for the

petitioner and Mr. Prashant Kumar, learned AC to SC – 5.

The present writ application has been filed for release of

Chevrelet Car bearing Registration no. BR1AG9820, which has

been seized in connection with Bihata Excise Case No. 423 of

2019, registered for the offence punishable under Section 30(a) of

the Bihar Prohibition and Excise Act, 2016 as amended by the

Amendment Act 8 of 2019 (hereinafter referred to as “the Act” ).

Patna High Court CWJC No.14057 of 2019 dt.27-02-2020

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The prayer stipulated in paragraph no. 1 of the writ

petition reads as follows:-

“That the present writ application is being

filed for issuance of writ in the nature of certiorari or

any appropriate writ, order or direction to direct the

respondent authorities to release the seized four

wheeler car bearing registration no. BR1AG9820 in

favour of the petitioner which has been seized in

connection with Bihata Excise Case no. 423 of 2019,

registered under section 30(a) of the Bihar Prohibitin

and Excise Act, pending for trial in the Court of

Special Judge Excise, Patna”

The prosecution case as per the written report of Sub

Inspector of Police Manoj Kumar submitted to the Station House

Officer is to the effect that on 01.05.2019 at 10.40 A.M. a secret

information was received that the petitioner- Rajesh Kumar Prasad

@ Rajesh Prasad @ Guddu Saw is carrying liquor in the car in

question. Consequently, a raid was led and the car was intercepted,

wherefrom 88.890 liters of Indian Made Foreign Liquor was

recovered.

Learned counsel appearing for the petitioner at the very

outset submits that petitioner is the owner of the vehicle in

question. The certificate of registration of the vehicle in question

has been brought on record as Annexure -2 to the petition. The

Patna High Court CWJC No.14057 of 2019 dt.27-02-2020

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vehicle is rotting under the open sky and keeping the vehicle in

such condition and allowing it to reduce into a junk would

ultimately result into waste of public money and petitioner is ready

to produce the vehicle in question as and when required by the

court below. It is further submitted that the petitioner will not deal

with the vehicle in question or alienate or encumber the same

creating any kind of adverse interest against the interest of the

State during the pendency of the confiscation proceeding.

Learned counsel for the respondent relying upon the

counter affidavit dated 17.01.2020 filed on behalf of the

respondent no. 3 -Collector cum District Magistrate, Patna submits

that on the basis of the report of the Senior Superintendent of

Police, Patna vide letter no. 63 dated 06.01.2020 Confiscation

Case No. 2678 of 2019-20 has been initiated and the notice has

been issued to the petitioner vide notice dated 15.01.2020 and the

next date fi