Ramprakash Paswan Vs State of Bihar (Patna High Court)
The Patna High Court considered a writ petition seeking release of a vehicle seized for transporting illicit liquor. The petitioner claimed ownership of the vehicle and stated that it had been stolen on 24.01.2022, for which an FIR under Section 379 of the IPC was lodged on the same date. During the period it remained with unknown miscreants, the vehicle was allegedly used to transport 117 litres of illicit liquor and was seized. The petitioner contended that he could not be held responsible for the illegal transportation due to the prior theft, though it was acknowledged that the vehicle was liable to confiscation as it was used for the offence. Considering the facts, the Court directed the District Magistrate/Confiscating Authority, Kishanganj, to provisionally release the vehicle after verification of ownership, production of registration documents, and furnishing of adequate sureties within 14 days. The writ petition was disposed of accordingly.
FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
It is submitted on behalf of petitioner that he is the owner of the seized vehicle which was stolen by unknown thieves on 24.01.2022 for which he has lodged FIR on 24.01.2022 giving rise to Town P.S.(Begusarai) Case No. 62 of 2022 for the offence punishable under Section 379 of IPC, and same was being used by the miscreants for transportation of illicit liquor and 117 litre of illict liquor was recovered from said vehicle.
