The High Court quashed the arbitrary seizure of a Scorpio vehicle. Directing its release after due identification within two weeks, the Court awarded Rs. One Lac compensation to the petitioner for illegal custody and instigated disciplinary action.
Vehicle to be released within two weeks; compensation of Rs. 1 Lakh awarded to petitioner against respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2011 of 2024
======================================================
Hira Kumar Das S/o Late Rameshwar Das, resident of mohalla- Baskothi (Digha), P.S. - Digha and Dist. - Patna.
... ... Petitioner.
Versus
... ... Respondents.
====================================================== Appearance : For the Petitioner : Mr. Binayak Kumar Shrivastav, Advocate. For the State : Mr. Raisul Haque, Standing Counsel-10. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 26-02-2024
In the instant writ petition, the petitioner has prayed
for the following relief(s):
“i) For issuance of appropriate writ/order/ direction to respondents to release Scorpio to valid owner (Petitioner) its Reg No.BR01PG 5884 Engine No.WGG4K29832 Chesis No.MAITAZWGXG2K38480 which was seized in connection with Arwal P.S. case No.208/2021 on 26.7.2021 u/s 30(a) Bihar Excise Act.
ii) For issuance of appropriate writ/order direction to respondents not to sell said
Patna High Court CWJC No.2011 of 2024 dt.26-02-2024
2/4
Patna High Court CWJC No.2011 of 2024 dt.26-02-2024 3/4
seized vehicle in question.
x) For any other relief as your lordship may deem fit and proper in this fact and circumstances of said case.”
2. On 21.02.2024, we had requested the learned counsel for the State to ascertain whether any confiscation proceedings have been initiated and concluded. It is submitted that no such proceedings have been launched. Insofar as subject matter of motor vehicle, it is submitted that petitioner’s name is stated to have been reflected in the F.I.R. in connection with some other vehicle. Therefore, the subject matter of motor vehicle was seized. Such reasoning for seizure of the subject matter of motor vehicle, namely, Scorpio Registration No.BR01PG5884 in connection with Arwal P.S. Case No.208 of 2021 on 26.07.2021 for the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 is highly arbitrary. Therefore, the concerned authority is hereby directed to release the subject matter of motor vehicle after due identification of the owner within a period of two weeks from today.
3. Having regard to the illegalities in seizure of the subject matter of the motor vehicle and it is kept in custody with the official respondent from 26.07.2021 to this day, they are
Patna High Court CWJC No.2011 of 2024 dt.26-02-2024 4/4
liable to pay compensation to the petitioner. The compensation amount is quantified at Rupees One Lac. The same shall be paid to the petitioner within a period of eight weeks from the date of receipt of this order. Competent authority is at liberty to initiate disciplinary proceedings against such of those official/s is/are involved in the arbitrary decision to seize the subject matter of vehicle and proceed to recover from such official/s.
4. Accordingly, the present writ petition stands disposed of.
5. At this stage, learned counsel for the petitioner submitted that the vehicle is stated to have been misused. If it is so, he is at liberty to file suit for damages against the concerned officials.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
P.S./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 28.02.2024. |
| Transmission Date | NA |
2 issues framed by the court
Whether the seizure of the vehicle was arbitrary and illegal given no initiation of confiscation proceedings.
Whether compensation is payable for the illegal custody of the seized vehicle.
1 provisions across 1 enactments
Hira Kumar Das
State of Bihar
Dist. Magistrate Arwal
Superintendent of Police, Arwal
Officer in charge Arwal Police Station
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
