RAMCHANDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for release of the bus bearing registration no. BR07AP-8558 seized in connection with Laukhi Police Station Case No. 40 of 2017 for violation of the provisions of the Excise Act. Allegation is that 4.680 litres of liquor was recovered from the bus.

(2.) Submission of the petitioner is that the court below has refused the prayer only considering the presumption of commission of offence against the petitioner. His contention is that the issue as to whether the Executive Authority has power to confiscate the seized vehicle is under consideration before a Larger Bench in L.P.A. No. 1647 of 2015 (Baleshwar Roy v. The State of Bihar and Ors.) and due to pendency of said matter, different Benches of this Court have ordered for interim release of the vehicle in favour of the owners as no purpose would be served by continued detention of the vehicle and would cause damage to the vehicle.

(3.) Learned counsel for the respondents does not dispute the aforesaid factual position, however, seeks four weeks time to file counter affidavit.