Ambika Kumar Gupta vs State Of Bihar And Ors

Heard the parties.

Petitioner has prayed for following reliefs:-

(i) “This is an application for a direction to the respondents to release the vehicle i.e. Car bearing registration no. BR 02AA-3054 of the petitioner

by which the said vehicle has been seized in connection with Bodh Gaya P.S. Case No. 90 of 2020 under Section 279 IPC and 37(1) of Bihar

Prohibition and Excise Act 2016 only because the driver of the vehicle was found in “Alcoholicâ€. No alcohol has been recovered from the

possession of the vehicle and also not used for transportation.

(ii) That the case of the petitioner disposed of in the light of judgment/order passed by this Hon’ble Court in C.W.J.C. No.5049/2018, because the

petitioner case is fully covered the said judgment.

(iii) That any other relief or reliefs for which the petitioner is entitled may be granted by the Hon’ble Court.â€​

Driver of the seized vehicle was found driving the car in a drunken condition which met with an accident with another car and accordingly the driver

was apprehended and the car was seized giving rise to Bodh Gaya P.S. Case No. 90 of 2020 under Section 279 IPC and 37(1) of Bihar Prohibition

and Excise Act 2016.

Petitioner claims to be owner of the vehicle. As the driver of the vehicle was found in a drunken condition and there was no recovery of any illicit

liquor from said vehicle as such seized vehicle is not liable for confiscation and bar of jurisdiction in confiscation under Section 60 of the Excise Act is

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

The writ petition is disposed of with liberty to petitioner to file a petition under Section 451 of Cr.P.C. for release of the vehicle and the Special Court,

Excise is directed to dispose of such petition within 30 days from the date of its filing.