Aaysha Khatoon vs State Of Bihar And Ors

Heard the parties.

Petitioner has prayed for following reliefs:-

“(I) For issuance of appropriate writ/writs for direction to respondents authorities concerned to release the vehicle in question which is a Hero

Splendor Plus Motorcycle bearing Regd. No.BR22AN5582 was seized in Bagaha P.S. Case No.639/2019 for the offence under Section 30(a) of the

Excise Act and the same is lying under open sky in the police station premises under the control of Excise Department.

(ii) For further relief/reliefs which may deemed fit and proper under circumstances of the case.â€​

Informant is a police officer who has alleged in his written complaint that on 07.12.2019 he was on night patrolling duty along with other police

personnel when he received an information that Yunus Miyan has brought illicit liquor from Uttar Pradesh and concealed in his house and upon

receiving said information, he reached the house of Yunus Miyan and 35 to 40 persons assembled there tried to flee away on seeing the police and

from the house of Yunus Miyan 14.580 liters country made liquor was recovered and motorcycle parked in the courtyard and illicit liquor recovered

were seized, however, Yunus Miyan managed to escape from his house for which FIR was lodged giving rise to Bagaha P.S. Case No.639/2019 for

the offence under Section 30(a) of the Excise Act.

It has been submitted on behalf of the petitioner that she is owner of the vehicle and as seized motorcycle was not used for transportation of illicit

liquor, as such, same is not liable for confiscation under Section 56 of Excise Act and bar of jurisdiction in confiscation under Section 60 of the Excise

Act is not applicable and the Special Court, Excise where the case is pending has jurisdiction to pass an order for release of the seized vehicle.

Petitioner is granted liberty to file an application under Section 451 of Cr.P.C. for release of seized vehicle before the Special Court, Excise where the

excise case is pending and Special Court, Excise shall dispose of said petition within 30 days from its filing.

With aforesaid observation and liberty, this writ application is disposed of.