Amarjeet Yadav Vs State of Bihar (Patna High Court)
The Patna High Court examined a writ petition challenging the confiscation of a motorcycle under the Bihar Prohibition and Excise Act, 2016. The motorcycle was seized after police intercepted two persons riding it and recovered 8.64 litres of illicit liquor from a bag carried by the pillion rider. The liquor was not found concealed in any part of the motorcycle. The petitioner, who was the registered owner, was neither riding the motorcycle nor named as an accused in the criminal case registered under Section 30(a) of the Act.
Confiscation proceedings were initiated, and the Sub-Divisional Magistrate ordered confiscation of the motorcycle under Section 56(d) of the Act, directing its auction. The petitioner’s appeal before the Excise Commissioner and revision before the Additional Chief Secretary were dismissed. The revisional authority held that the owner failed to rebut the statutory presumption under Section 32 and permitted auction of the vehicle.
Before the High Court, the petitioner argued that confiscation lacked legal authority and violated Articles 14 and 300A of the Constitution. It was contended that confiscation requires use of the vehicle in commission of an offence and involvement or connivance of the owner. Since the liquor was recovered from a bag carried by the pillion rider and not from the motorcycle itself, and the owner was not involved or accused, the statutory requirements were not met.
