Pintu Kumar vs The State Of Bihar on 17 January, 2025

Patna High Court

Pintu Kumar vs The State Of Bihar on 17 January, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19610 of 2024
     ======================================================
     Pintu Kumar, Son of Sri Brijmohan Sah, Resident of Village- Bhagwanpur
     Khajari, P.O.- Pastara, P.S.- Baligowan, District- Vaishali (Bihar).

                                                                     ... ... Petitioner
                                           Versus

1.   The State of Bihar through the Additional Chief Secretary, Prohibition Ex-
     cise and Registration Department, Government of Bihar, Patna.
2.   The Excise Commissioner, Prohibition Excise and Registration Department,
     Government of Bihar, Patna.
3.   The District Magistrate, District- Saharsa.
4.   The Superintendent of Excise, District- Saharsa.
5.   The Superintendent of Police, District- Saharsa.
6.   The Station House Officer, Bangaon P.S., District- Saharsa.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr. Bhola Kumar, Advocate
     For the Respondent/s    :        Mr. Government Pleader (19)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 17-01-2025

In the instant petition, petitioner has prayed for the

following reliefs:-

“(a) For direction upon the Respondent

authorities to immediately release Maruti Suzuki

Tour S CNG 1.2 L make [Engine no.

K12NP1651081; Chassis No.

MBHCZFB3SRF580668] bearing Registration No.

BR-01PR-1528 which was seized in connection
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with Bangaon P.S. Case No. 150 / 2024 registered

under Section 30(a) and 41 of the Bihar

Prohibition and Excise Act, 2016 (as amended

from time to time).

(b) To pass any other order/orders in shape

of a consequential relief to which the Petitioner

may be found to be legally entitled to in the facts

and circumstances of the instant case at hand.”

2. Petitioner contended that subject matter of

vehicle is for the public purpose. Passengers/customer had

booked petitioner’s vehicle from one destination to another

destination. During the transit, Respondents were stated to have

seized his vehicle on account of seizure of certain spirits

material. If the seizure of the spirits material is from the

customer of the petitioner, in that event, it is not appropriate to

seize the subject matter of vehicle.

3. The concerned authority is hereby directed to

release the subject matter of vehicle in favour of the petitioner,

subject to payment of deposit of Rs. 50,000/- (Rs. Fifty

Thousand) before the concerned authority, such deposit of the

aforementioned amount is subject to outcome of confiscation
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proceedings and other proceedings, if any. The above exercise

shall be completed within a period of 03 weeks from the date

receipt of this order.

4. With the above observation, the present petition

stands disposed of.

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J)
manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.01.2025
Transmission Date       NA