ANJANI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The undisputed facts of the present case portray a blatant highhandedness on the part of the respondents for the manner in which the petitioner's vehicle was auction sold, based on an order of confiscation passed under Sec. 56 of the Bihar Prohibition and Excise Act, 2016 ("the Act" in short), in brazen violation of the mandatory statutory prescription under Sec. 92 of the Act.

(2.) The petitioner is admittedly the registered owner of a WagonR car bearing Registration No. BR07AN-9031 with its Engine No. K10BN-8418515, Chassis No. MA3JMT31SLJ350953. On 25/1/2021, the said vehicle was intercepted by a police officer of Begusarai Muffasil Police Station in the night at 12:30. Allegedly, the said car was seen moving in high speed by the police, and upon chase the vehicle was intercepted. Seven persons, it is alleged, were found sitting in the said car, and upon further search an unsealed bottle of IMFL by the name of Imperial Blue of capacity 375 ml was seized. Out of 375 ml, some part of it, it is alleged, was consumed and 200 ml was found left in the bottle. The police also recovered a cigarette packet with the brand name 'Charms', five plastic glasses, two match boxes, one torn mixture packet and one gutkha packet.

(3.) With the allegation of recovery of 200 ml of IMFL, an FIR being Muffasil P.S. Case No. 55 of 2021 was registered for commission of the offences punishable under Sec. 120-B of the Indian Penal Code and Sec. 30(a), 37 ((THELAW)) and 41(a) of the Act.