SHYAM LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application has been filed seeking provisional release of the TATA Truck bearing registration No. RJ19GF2988 Chasis No. MAT541024H6K00928, Engine No. ISBES91804071J63623945 seized in connection with Mahua P.S. Case No. 23 of 2018 registered for the offence under sections 414 and 34 of the Indian Penal Code and sections 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

(3.) Apart from a prayer for release of the vehicle the petitioner has also prayed for quashing of the order dated 26.02.2019 passed by the Collector-cum-District Magistrate, Vaishali in Confiscation Excise Case No. 280 of 2018-19 by which a direction to confiscate the vehicle has been passed by the District Magistrate being the Confiscating Authority.