LAWS(PAT)-2020-1-72

NIRANJAN YADAV Vs. STATE OF BIHAR

Decided On January 14, 2020
Niranjan Yadav Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.C. to Government Pleader No. 7.

(2.) The present writ application has been for quashing the order dated 02.08.2019 passed in Case No. 14 / 2018 (Confiscation) by the learned Collector, Buxar, whereby the Mahindra Pick-Up Van bearing Registration No. BR44G-0252 seized in connection with Dhansoi P.S. Case No. 150 of 2017 registered for the offences punishable under Sections 272 / 273 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by the Amendment Act 8 of 2018 (hereinafter referred to as 'the Act') has been confiscated.

(3.) The prosecution case got initiated on the basis of the self statement of Sri Ravikant, S.H.O., Dhansoi P.S. registered on 22.10.2017 at 5.15 P.M. to the effect that on secret information the Pick -Up Van was intercepted from which 1252.8 liters of Indian made foreign liquor was recovered leading to registration of Dhansoi P.S. Case No. 150 of 2017.