DEEPAK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and Mr. Vivek Prasad, learned G.P. 7.

(2.) The present writ application has been filed for release of Hundai i-10 Car bearing registration no. BR-31AD-0805 seized in connection with Pachrukhi (Sarai O.P.) P.S. Case No. 237 of 2019 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').

(3.) The prosecution case got initiated on the basis of written report of Gopal Jee Pandey, Sub Inspector of Police submitted before the learned Additional Sub Judge II -cum -Special Judge, Excise, Siwan to the effect that on 10.09.2019, a secret information was received that liquor was being transmitted and consequently, the car in question was intercepted which was being driven by one Deepak Kumar and from the car in question, 112.320 liters of Indian Made Foreign Liquor was recovered, leading to registration of Pachrukhi (Sarai O.P. ) P.S. Case No. 237 of 2019 on 10.09.2019.