ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This writ application has been filed for quashing the order dated 16.03.2017 passed in Bodh-Gaya P.S. Case No. 163 of 2017 by the learned C.J.M., Gaya, whereby the learned court below has rejected the prayer of the petitioner for release of Swift Dzire Car bearing Reg. No.JH09AB0808 seized for alleged violation of the excise laws. The prayer has been refused on the ground that the court has no power to release such articles in view of the specific bar under Section 60 of the Bihar Prohibition and Excise Act, 2016.

(3.) Contention of the petitioner is that the question of law as to whether an executive authority can exercise judicial power of confiscation or auction of the vehicle is under consideration before a Larger Bench in LPA No. 1647 of 2015. Considering the aforesaid facts, in CWJC No. 1791 of 2017 a Division Bench of this Court has ordered for release of the seized vehicle in favour of petitioner of that case.