Patna High Court - Orders
Panchdev Lal vs The State Of Bihar & Ors on 7 August, 2018
Bench: Chief Justice, Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14413 of 2018
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Panchdev Lal S/o Hira Ram R/o Village Bhagirathi, Hathua, P.S. - Mirganj,
Dist - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Bihar, Patna.
2. The District Magistrate, Siwan.
3. The Superintendent of Police, Siwan.
4. The Officer-In-Charge- Nautan, Police Station , Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Vikash Kumar - SC 11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 07-08-2018The case was heard on 01.08.2018 by this Division Bench and the order was also passed by the division bench, but, inadvertently, due to typographical error the case has been shown to have been heard and disposed by a Single Bench. This is an error committed by the office.
The case is again heard today and disposed of in the following terms:
Petitioner has filed this writ petition challenging the confiscation proceedings initiated against him or proposed to be initiated against him, so also seizure of his vehicle Hero Honda Passion X Pro Motorcycle, bearing Chassis No. Patna High Court CWJC No.14413 of 2018(3) dt.07-08-2018 2/3 MBLJAEFGD02165 and Engine No. JA12ABFGD00001, seized in connection with Nautan Police Station Case No. 195 of 2017.
It is the case of the petitioner that the only allegation against the petitioner and the case registered under the Bihar Excise and Prohibition Act, 2016 is with regard to the petitioner driving the vehicle in a drunken condition. It is emphasized that under Section 56 of the Bihar Excise and Prohibition Act, 2016, when the vehicle in question is not being used for transportation or carrying of any liquor, seizure or confiscation of the vehicle is not permissible. Considering similar arguments, we had held in C.W.J.C.No.13162 of 2018 yesterday and earlier also in the case of Diwakar Kumar Singh Vs. The State of Bihar & Ors. (C.W.J.C. No.5049 of 2018) that under Section 56 of the Act when the only allegation against a person is that he is found to be driving a vehicle or plying it on a public place in a drunken condition, the provisions of Section 56 is not applicable and confiscation and seizure of such a vehicle is not permissible under the Bihar Excise and Prohibition Act, 2016.
Accordingly, in view of the above, we allow this application, quash the confiscation proceedings, permit the respondents to proceed to prosecute the applicant, namely Patna High Court CWJC No.14413 of 2018(3) dt.07-08-2018 3/3 Panchdev Lal for being or driving in a drunken condition.
Accordingly, confiscation of the vehicle shall stand quashed and vehicle released to the petitioner, if not required in any other case.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/Uma/-
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