MARSINGH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Braj Nandan Kumar Tiwary, learned counsel for the petitioner and Mr. Vivek Prasad, learned G.P.-7 for the respondent -State.

(2.) The present writ application has been filed for release of Honda Dream Yuga motorcycle of the petitioner, bearing Registration number BR31T9702, seized in connection with Sonepur P.S. Case No. 737 of 2019, registered under Sections 37(b)(c) of Bihar Prohibition and Excise (Amendment) Act, 2016, as amended by Amendment Act 8 of 2018 (hereinafter referred to as 'the Act'). The relief(s), as stipulated in paragraph no.1 of the petition, read(s) as follows:-

(3.) It is submitted by learned counsel for the petitioner that the petitioner is the registered owner of the vehicle in question and the certificate of registration has been brought on record as Annexure-3. This is an admitted position that no recovery of liquor or intoxicant was made from the vehicle in question. The seized vehicle is rotting under the open sky. It is further submitted that since there is no recovery and the vehicle was not being used for carrying liquor or intoxicant, hence it is not liable for confiscation under the provisions of Section 56 of the Act. It is further submitted that the FIR was lodged and seizure has been made by the A.S.I. of Police, whereas Section 73(e) of the Act stipulates that the seizure cannot be made by an officer below the rank of Sub Inspector of Police. Hence, the very seizure appears to be de hors the provisions of the Act.