RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ application has been preferred for release of Hero Splendor Pro motorcycle of the petitioner bearing Registration No. BR37H0223, which has been seized in connection with Sikti P.S. Case No. 155 of 2019, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018, (hereinafter referred to as 'the Act'). The prayer as is contained in paragraph no.1 of the writ application, reads 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 certificate of registration has been brought on record as Annexure-2. It is further submitted that at the time of seizure, the vehicle in question was being driven by the son of the petitioner and the petitioner was not present on the spot. It is further submitted that the vehicle in question is rotting under the open sky and till date confiscation proceeding has not been initiated, statement to that effect has been made in paragraph no.10 of the petition which reads as follows:-