Vinay Kumar v. The State of Bihar
Case brief
What is this about?
Petitioner sought writ directing respondents to release his vehicle seized under the Excise Act during pendency of trial as no illicit liquor was recovered.
What did the court decide?
Petitioner granted liberty to file petition under Section 451 Cr.P.C. for release of vehicle; writ disposed of with observations.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2330 of 2022
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Vinay Kumar Son of Sukhadev Singh resident of Village - Duanni Tola Baikatpur, P.S. - Khusarupur, Distt. - Patna.
... ... Petitioner/s
- Versus
- The State of Bihar through the Principal Secretary, Department of Excise, Bihar, Patna.
- The Commissioner Excise, Bihar at Patna.
- The District Magistrate, Patna.
- The Senior Superintendent of Police, Patna.
- The S.H.O. Mokama Police Station, Patna.
... ... Respondent/s
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Issues for consideration
2 issues framed by the court
Whether the seized vehicle is liable for confiscation under Section 56 of the Excise Act when no illicit liquor was recovered?
Whether the Special Court, Excise has jurisdiction to pass an order for release of a seized vehicle during pendency of trial?
Parties & counsel
- petitioner
Vinay Kumar
- respondent
The State of Bihar through the Principal Secretary, Department of Excise
Coram
Sanjay Karol
Case details
As recorded by the court registry
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