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2018 DIGILAW 415 (PAT)

Pintu Lal v. State of Bihar

2018-03-07

RAJEEV RANJAN PRASAD, RAJENDRA MENON

body2018
ORDER : RAJENDRA MENON, J. 1. Issue notice to the respondents. Sri Anil Kumar Sinha, learned G.A.1, takes notice on behalf of the respondents. He may seek instructions in the matter. 2. The State Government and the Collector-cum-District Magistrate, Bhojpur (respondent no. 2) are directed to show cause as to why this petition be not allowed. 3. This is a case where the vehicle of the petitioner, i.e. motorcycle bearing registration no. BR03M-6597 has been confiscated in Badhara P.S. Case No. 1 of 2017 on account of registration of a case u/s. 37(ii) of the Bihar Excise & Prohibition Act, 2016 and from the materials available on record we find that the petitioner was found in an intoxicated condition lying on the ground near the vehicle. 4. Apart from initiating proceedings, criminal in nature, for the aforesaid act against the petitioner, the vehicle has been confiscated in exercise of the powers u/s. 56 of the Bihar Excise & Prohibition Act, 2016. Section 56 of the Act of 2016 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 immoveable structure, all moveable items which the structure and the land on which the premises is situated." 5. From the aforesaid it is clear that the things liable for confiscation, as are indicated in sub-section (a) to (e) of the aforesaid Section, are equipments, vehicles, vessels, apparatus or the like which are either used for manufacturing of liquor, selling, packaging and transportation, etc. From the aforesaid it is clear that the things liable for confiscation, as are indicated in sub-section (a) to (e) of the aforesaid Section, are equipments, vehicles, vessels, apparatus or the like which are either used for manufacturing of liquor, selling, packaging and transportation, etc. It is not known as to how the vehicle can be seized and confiscated u/s. 56 of the Act when the vehicle is not used for transporting or manufacturing the liquor and when an incumbent driving the vehicle is found to be in an intoxicated condition we find that in these cases where vehicle owners are found to be driving the vehicles in an intoxicated condition are being confiscated u/s. 56 of the Act whereas prima facie we find that u/s. 56 of the Act the State Government or the competent statutory authority have no right or authority to confiscate the vehicles. 6. We are of the considered view that the provisions of the Act are being misused and the offenders are being harassed without taking note of the provisions of the Act and the statutory powers available to them. 7. We issue notice to the State Government as to why this petition should not be allowed with exemplary costs and the petitioner found compensated for the illegal confiscation proceedings initiated against him. 8. Let the State Government file a reply and the Collector-cum-District Magistrate, Bhojpur to show cause as to why he should not be personally held responsible for compensating the petitioner for initiating an illegal confiscation proceeding against the petitioner. 9. In the meanwhile, we direct the vehicle in question shall be released to the petitioner with two sureties to the satisfaction of the District Magistrate, Bhojpur. 10. The respondent no. 1 and the Collector-cum-District Magistrate, Bhojpur (Respondent no. 2) are directed to give show cause within a period of four weeks from today. The Registrar General of the Court to forward a copy of this order to respondents no. 1 and 2 for necessary compliance.