RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manoranjan Prasad, learned counsel for the petitioner and Mr. Kumar Manish, learned SC-5 for the respondent-State.

(2.) The present writ application has been filed for release of Pickup van of the petitioner, bearing Registration No. BR 31GA 3039, seized in connection with Chowk P.S. Case No. 448 of 2018, registered 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 relief prayed for, as stipulated in paragraph no.1 of the writ application reads as follows:-

(3.) It is submitted by learned counsel for the petitioner that the petitioner was not driving the vehicle in question at the time of seizure, though, he is the bona fide owner of the vehicle in question and a copy of the registration certificate of the seized vehicle has been brought on record, as Annexure-3. It is further submitted that since the vehicle in question is rotting under the open sky, hence the same may be released in favour of the petitioner.