Rahul Kumar Rai @ Rahul Rai vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

“(i) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondents to release the Scorpio vehicle

bearing registration no. BR 04V 0009, Chassis No. MA1TA2WGXH2B26471, Engine No. WGH4B22002 in favour of petitioner as the same has been

seized in connection with Chapra Town P.S. Case No. 782 of 2019 registered under sections 37(a)(b) of the Bihar Prohibition and Excise Act, 2018.

(ii) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper I the facts and circumstances of the

case.â€​

It is submitted that no illicit liquor was recovered from the vehicle, as such seized vehicle is not liable for confiscation.

Allegation against driver of the seized vehicle is to be found in a drunken condition and petitioner is the owner of the seized vehicle.

It has been further submitted that seized vehicle is not liable for confiscation under Section 56 of the Excise Act, as such, bar of jurisdiction in

confiscation under section 60 of the Excise is not applicable and the special court excise has jurisdiction to pass order for release of seized vehicle

during pendency of trial.

Petitioner would be at liberty to file a petition before the special court excise under section 451 of Cr.P.C. and if any such petition is filed for release

of vehicle the special court excise shall dispose of such petition within 30 days from the date of its filing.

Petition stands disposed of with the aforesaid observations/directions.