(1.) The present writ application has been filed for quashing the order dated 06.09.2016 passed by the Collector, Araria in Confiscation Case No. 11 of 2016-17 in exercise of the power under Section 68(c) of the Bihar Excise (Amendment) Act, 2016, whereby the prayer of the petitioner to release the motorcycle has been refused.
(2.) There is no dispute that the motorcycle of the petitioner was seized for alleged violation of the provisions of the Bihar Excise (Amendment) Act, 2016 on 02.07.2016, inasmuch as the son of the petitioner was found along with Nepali liquor on the said motorcycle.
(3.) Submission of the petitioner is that similar point was considered by a Division Bench of this Court in CWJC No. 1791 of 2017 and following orders were passed on 16.02.2017:-