BINIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking following reliefs:-

(2.) The relevant facts of the case, as emerging from the record, is that while the petitioner was riding on a motorcycle, bearing Registration No. BR19K 5509, he was stopped by the police on suspicion and on search, 180 ML of Indian Made Foreign Liquor was recovered from the pant of the petitioner. Subsequently, the alleged illicit liquor and the vehicle in question were seized and an FIR bearing Saharsa Sadar P.S. Case No. 1006 of 2017 was registered on 26/9/2017 against the petitioner Binit Kumar. Thereafter, Confiscation Case No. 102 of 2018-19 was initiated by Ld. Collector-cum-District Magistrate, Saharsa, wherein, initially, the motorcycle of the petitioner was released provisionally in favour of the petitioner in the light of the order of this Court dtd. 18/1/2019, passed in C.W.J.C. No. 1231 of 2019. But subsequently, vide order dtd. 14/8/2021, passed in Confiscation Case No. 102 of 2018-19, the motorcycle in question was confiscated and directed to be auctioned. The said order of confiscation and auction was challenged by the petitioner before the Appellate Authority i.e. the Excise Commissioner, Patna in Excise Appeal Case No. 822 of 2021. However, vide order dtd. 14/12/2021, passed in Excise Appeal Case No. 822 of 2021, the confiscation and auction order, passed by the District Magistratecum-Collector, Saharsa was upheld. The said appellate order dtd. 14/12/2021 was again challenged in Excise Revision bearing No. 16 of 2022 before the Additional Chief Secretary, Patna. In the revision, the vehicle in question was directed to be released on payment of 50% of the insurance value of the vehicle in question as non- refundable penalty.

(3.) Being aggrieved by the aforesaid orders, the present writ petition has been preferred by the petitioner.