UMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State in the set of writ petitions.

(2.) It is because in each of these cases the petitioners have been subjected to proceedings under the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act') read alongside the provisions of the Bihar Excise (Mahua Flowers) Rules, 2006 (hereinafter referred to as 'the Mahua Flowers Rules') for alleged recovery of Mahua Flowers exceeding 5 Kg. that the proceedings have been instituted under 'the Act', leading to arrest as well as seizure of the respective vehicles of the petitioners which were found transporting these flowers.

(3.) These writ petitions question the seizure as well as pray for release of the respective vehicles but at the foundation of each of the writ petitions lies the main issue i.e. "whether in view of the legal position reflecting from the provisions of 'the Act' and 'the Mahua Flowers Rules' which was framed under the since repealed Bihar Excise Act, 1915 but has been saved under the provisions of Section 97 of 'the Act', a simple recovery of Mahua Flowers exceeding 5 kg. can be a subject matter of proceedings under 'the Act'?"