AJAY KUMAR, LAKHAN SARDAR Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Through the present writ application, the petitioner has prayed for quashing the order dated 29.06.2019, passed by the Collector, Supaul, in Excise Case No. 317 of 2019 whereby the Bajaj (Pulsar) Motorcycle of the petitioner bearing Registration No. BR-50H-5376 has been confiscated. Relief prayed for in paragraph 1 of the writ application reads as follows:

(3.) The prosecution case got initiated on the basis of written report of Lakshman Sah, Sub-Inspector of Police submitted to the S.H.O.- Triveniganj, Supaul, to the effect that on 09.10.2018 at 4.30 A.M, one person was driving the motorcycle bearing Registration No. BR50H5346 in an inebriated condition and allegedly he not only abused few women but also attempted to drag an old woman. The old woman was saved by the other women and the person who was driving the vehicle escaped from the scene after leaving the vehicle. Subsequently, some persons came and tried to take the vehicle forcefully and on protest being made, they started abusing. Subsequently, on search being made, from the dickey of the vehicle in question, one litre of illicit liquor was recovered and hence, the seizure was made under Section 30(a) of the Bihar Prohibition and Excise Act , 2016 (hereinafter referred to as 'the Act').