RAVINDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred with a prayer for a direction to the respondents to release Hero Extreme Motorcycle bearing Registration No. BR50F-3766, which has been seized in connection with Kunauli (Dagmara O.P.) P.S. Case No.24 of 2019, registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016 as amended by the Amendment Act 8 of 2018 (hereinafter referred to as 'the Act).

(2.) The factual matrix of the case as per the self statement of Rajeev Kumar, S.H.O. Kanauli P.S. is that on 17.05.2019 after having received secret information to the effect that illicit liquor is being carried on a motorcycle, a motorcycle was intercepted and on search, two plastic bags containing liquor were recovered and from the both bags, total 87 litres of Nepali liquor were recovered, leading to registration of Kanauli (Dagmara) P.S. Case No.24 of 2019 under Section 30(a) of the Act.

(3.) Though the statement has been made in paragraph No.12 of the writ application that confiscation proceeding has been initiated, however, learned counsel for the respondent-State drew out attention to Annexure-3, which is order dated 10.08.2019 passed in Excise Case No.288 of 2019 by the Collector, Supaul whereby the motorcycle in question has been confiscated and the Superintendent, Excise, Supaul has been directed to get the valuation of motorcycle done.