The Patna High Court mandated a compensation of ₹1 lakh each to be paid to two vehicle owners whose vehicles had been seized when liquor was found in the possession of the driver or pillion rider within the vehicle’s bag or clothing.
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BIHAR: The Patna High Court has clarified the legal stance on the confiscation of vehicles used in the transportation of liquor under the Bihar Prohibition and Excise Act. The division bench, comprising Justices PB Bajantari and Jintendra Kumar, delivered a judgment that sets a precedent in cases involving the seizure of vehicles under the said Act.
The court stated-
“Just use of the vehicle to carry intoxicant or liquor is also not sufficient for its seizure and confiscation. The involvement or connivance of the owner of the vehicle in such illegal use of the vehicle is also an essential prerequisite for confiscation of the vehicle or imposing any penalty for release of the vehicle.”
This statement from the court highlights the need for clear evidence of the vehicle owner’s involvement in the illegal activity for the vehicle to be lawfully confiscated.
The judgment came in response to a case where a motorcycle, registered in the name of a woman named Sunaina, was seized in connection with an excise case in 2020. Sunaina’s husband, Satyendra Kumar, and another individual, Sunil Yadav, were stopped by the police while riding the bike, leading to the discovery of 13.9 liters of illicit liquor in a bag carried by Yadav.
Sunaina approached the High Court seeking the quashing of the Collector’s refusal to release the motorcycle. Her counsel argued that under the Bihar Prohibition and Excise Act, a vehicle can only be confiscated if it is used in the commission of an offense and the owner is also found to be involved. The court was informed that the liquor was recovered from the bag of the pillion rider and not from any part of the motorcycle itself.
The court also considered scenarios where a driver might carry a small quantity of contraband in personal clothing, such as in a shirt or pants pocket. The bench remarked,
“In such a situation also, it would be completely erroneous to hold that the vehicle was being used for carrying the contraband.”
This ruling by the Patna High Court is a crucial development in the interpretation of the Bihar Prohibition and Excise Act. It underscores the importance of establishing the vehicle owner’s direct involvement in the illegal act for the seizure and confiscation of the vehicle. The decision brings clarity to the legal process surrounding the seizure of vehicles in cases of liquor transportation, ensuring that the rights of vehicle owners are not unjustly infringed upon.
The case and the subsequent judgment are significant in the context of Bihar’s stringent laws on alcohol prohibition. They highlight the challenges in enforcing these laws while ensuring that legal procedures and individual rights are respected. As the judgment sets a legal precedent, it is expected to influence future cases involving the seizure of vehicles under the Bihar Prohibition and Excise Act, balancing the act of law enforcement with the protection of individual rights.
CASE TITLE-
Sunaina v The State of Bihar and Others.
READ ORDER-
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