Chandan Kumar vs State Of Bihar And Ors

Heard the parties.

Petitioner has prayed for following relief:-

“For issuing a direction to the respondents specially respondent no.4 to release the Bolero Pick Up Van (Goods Carriers) bearing

registrationNo.BR01GH7780,ChassisNo.MA1ZN2T BKK1G56736, Engine No.TBK1G63715, in favour of petitioner which was seized by S.I. of Rail

O.P. Taregna, Jehanabad giving rise to Rail Jehanabad (Taregna) P.S. Case No.22/2020 dated 15.08.2020 registered u/s 279 of the I.P.C. and 37©

of Bihar Prohibition and Amendment Act, 2018 and 153 of the Railway Act to the satisfaction of learned Special Judge, Excise, Jehanabad on such

term/s as this Hon’ble Court may deem fit and proper.â€​

Informant is a police officer who in his self-statement has alleged that on 14.8.2020 he received an information that one Pick Up Van is trapped on the

railway track and on receiving said information, he along with other police personnel reached said place and saw that one Pick Up Van is trapped in

the down-line and the driver of the Pick Up van was found in drunken condition and somehow the Pick Up van was brought on the road and

thereafter the driver Rohit Kumar was apprehended and the Pick Up van seized for which FIR was registered giving rise to Rail Jehanabad (Taregna)

P.S. Case No.22/2020 dated 15.08.2020 registered u/s 279 of the I.P.C. and 37 (C) of Bihar Prohibition and Amendment Act, 2018 and 153 of the

Railway Act.

As there was no recovery of any illicit liquor from the seized vehicle and driver was found under drunken condition as such seized vehicle is not liable

for confiscation under Section 56 of the Excise Act and bar of jurisdiction in confiscation under Section 60 is not applicable and the Special Court,

Excise where the excise case is pending has jurisdiction to pass order for release of seized vehicle.

Petitioner is granted liberty to file a petition under Section 451 of CR.P.C. for release of his vehicle and the Special Court, Excise shall disposed of

such petition within 30 days from its filing.

With aforesaid observation and liberty, the writ petition is disposed of.