KEWAT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petition filed on 17.01.2020 is listed for hearing for the first time today before the Court.

(2.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

(3.) The petitioner prays for provisional release of Glamor Motor Cycle bearing Registration No. JH-17Q 7176, which has been seized in connection with Banka (Bara hat) P.S. Case No. 707 of 2018, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is continued practice of this Court that in cases of drunken driving; no recovery from the vehicle; recovery of less than commercial quantity; where ex-facie, vehicle is not liable to be confiscated; where there is inordinate delay in initiating proceedings for confiscation of the vehicle etc., this Court has been directing the State to provisionally release vehicle/ property, subject to initiation/conclusion/finalisation of the confiscatory proceedings, as the case may be. Reference can be made to the judgments/ orders passed by different co-ordinate Benches of this Court, viz:-