CourtKutchehry.com
High CourtsDivision Bench

Md. Hasib Alias Md. Hashim vs State Of Bihar And Ors

Patna High Court · Decided on 8 July 2020 · Citation: (2020) 07 PAT CK 0127

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 272, 273 · Bihar Prohibition And Excise Act, 2016 — Section 30(a), 56, 60 · Code Of Criminal Procedure, 1973 — Section 451
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 2000 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 372 words

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for following relief:-

"To issue an appropriate writ(s), order(s), direction(s) in the nature of a writ of Mandamus directing the respondent the District Magistrate-cum-Collector, Purnea ( respondent no.3) to release the vehicle of the petitioner namely Scorpio bearing Registration No.BR11PB-6365 which has been seized by the Sadar (Muffasil) P.S. Case No.545 / 2019 dated 24.10.19 instituted for the offence under Sections 272, 273 IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016 which is pending in the court of 2nd Additional District and Sessions Judge-cum-Special Judge, Excise Act, Purnea."

It has been submitted on behalf counsel for the petitioner that from FIR as well as seizure memo, it is apparent that no illicit liquor was recovered from the vehicle as such, vehicle is not liable for confiscation under Section 56 of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the petitioner that no confiscation case has been initiated against the seized vehicle which belongs to petitioner and he has not received any such notice. In view of several judgments passed by this Court as well as order passed by the Excise Commissioner in Appeal being Confiscation case No.107 of 2019 (Ajit Rai and others versus Collector, Shivwhar) as no illicit liquor has been recovered from the seized vehicle, same is not liable for confiscation and as such bar of jurisdiction in confiscation under Section 60 of the Excise Act is not applicable and concerned Special Court (Excise) can exercise its jurisdiction under Section 451 of Cr.PC for release of the vehicle during pendency of criminal trial.

The writ petition is disposed of with liberty to petitioner to file a petition under Section 451 of Cr.pc. for release of vehicle before the concerned Special Court (Excise) and the vehicle shall be provisionally released in favour of petitioner after due identification and upon producing the ownership documents and registration certificate upon terms and conditions as usually imposed by the trial court while provisionally releasing the vehicle during pendency of trial within 30 days from the date of filing of such petition by the petitioner along with a copy of order passed by this Court.