Excise has jurisdiction to pass order for release of seized vehicle during pendency of trial: Patna High Court.
- A writ Petition was filled by Manoj Ram S/o- Late Krishan Ram, Resident of Village- Kondi, P.S.Pandarak, District- Patna against The State of Bihar through the Principal Secretary, Excise, Patna and Ors. The dictum in the Manoj Ram v. State of Bihar (CWJC No.3644 of 2022) was served by the bench of HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR
FACTS OF THE CASE:
This case was a writ Petition filled before the Court for the issuance of writ in the nature of mandamus. The petitioner in this case that is, Manoj Ram was alleged to be found in the drunken condition and consequently the vehicle got seized by the SHO of Bhadaur Police Station, District Patna in Bhadaur P.S. Case No. 87/2021 registered U/s 37(b) of the Bihar Prohibition Excise Act, 2016. The petitioner asked the Court to command and direct the respondent to release the vehicle of the petitioner which has been seized.Further the petitioner also asked the Court to direction its respondent authority to take final decision with regard to release the vehicle and for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law. Moreover the petitioner submitted that no illicit liquor was recovered from the vehicle, as such seized vehicle is not liable for confiscation.Further the Petitioner also stated that the 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.
Judgement :
After going through the arguments and issues, the Bench held that the Special Court, Excise has jurisdiction to pass order for release of seized vehicle during pendency of trial. More so the Court also stated that the 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. Consequently the Court disposed of the petition with the aforesaid observations/directions
JUDGEMENT REVIEWED BY: AKANKSHA