MANISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anjani Kumar Sinha, learned counsel for the petitioner and Mr. Prashant Kumar, learned A.C. to S.C. - 5 for the respondents.

(2.) The present writ application has been preferred for release of Auto Rickshaw of the petitioner bearing Registration No. BR-07-PB-2892 which has been seized in connection with Darbhanga Sadar Mabbi (O.P.) P.S. Case No. 429 of 2018, registered for the offence punishable 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').

(3.) The prosecution case got initiated on the basis of the written report submitted by Mr. Brij Bihari Narayan Singh, A.S.I. of Police, submitted before the S.H.O., Mabbi (O.P.), Darbhanga is to the effect that on 27.10.2018, at 3.40 A.M., during patrolling, a secret information was received that from an Auto Rickshaw, illicit liquor is being transported, whereupon, the vehicle in question has been intercepted and 26 bottles of 300 ml Country Made Nepali Liquor were recovered and the vehicle was seized, leading to registration of Darbhanga Sadar Mabbi (O.P.) P.S. Case No. 429 of 2018.