PRAKASH KUMAR Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.) Heard learned counsel for the petitioner and learned counsel for the State.
(2.) Petitioner has prayed for the following reliefs: -
"For release of vehicle/Motorcycle (HERO Glamour) bearing Registration No. BR32AE1594, Chesis No. MBLJAW104KGD30188, Engine No. JA06ERKGD73190 belong to the petitioner which has been seized by Jaynagar Police Station (arising out of G.O. No. 284 of 2021 dtd. 26/9/2021 for alleged offences registered Under Sec. 30 (a) Bihar Prohibition and Excise Act 2018 the aforesaid case pending in the court of learned A.D.J. -II-Cum-Special Judge Excise Act Madhubani confiscation proceeding has not been initiated against the said seized motorcycle."
Learned counsel for the petitioner prays that the petition be disposed of in terms of order dtd. 9/1/2020 passed in CWJC No. 20598 of 2019 titled as Md. Shaukat Ali Vs. The State of Bihar and subsequent order dtd. 14/1/2020 passed in CWJC No.17165 of 2019 titled as Umesh Sah Versus the State of Bihar and Ors. and order dtd. 29/1/2020 passed in CWJC No.2050 of 2020 titled as Bunilal Sah @ Munilal Sah.
Learned counsel for the respondents has no objection to the same.
(3.) The Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the Act) prohibits the manufacture, storage, distribution, transportation, possession, sale, purchase and consumption of any intoxicant or liquor, unless so allowed in terms of the Act. (Sec. 13).
In addition to the penalty imposed for committing such an offence, Sec. 56 of the Act lays down the procedure for confiscation of "things" used for in the commission of such an offence. The said Sec. reads as under:
"56. Things liable for confiscation.-Whenever an offence has been committed, which is punishable under this Act, following things shall be liable to confiscation, namely-
(a) Any intoxicant, liquor, material, still, utensil, implement, apparatus in respect of or by means of which such offence has been committed;
(b) any intoxicant or liquor unlawfully imported, transported, manufactured, sold or brought along with or in addition to, any intoxicant, liable to confiscation under clause (a);
(c) any receptacle, package, or covering in which anything liable to confiscation under clause (a) or clause (b), is found, and the other contents, if any, of such receptacle, package or covering;
(d) any animal, vehicle, vessel or other conveyance used for carrying the same.
(e) Any premises or part thereof that may have been used for storing or manufacturing any liquor or intoxicant or for committing any other offence under this Act.
Explanation.- The word "premises" include the immovable structure, all moveable items within the structure and the land on which the premises is situated."
Under sec. 58 power to issue an order of confiscation vests with the District Collector/Authorized officer, who upon receipt of the report of the seizing officer detaining such property ("things") is required to pass an order. ;
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