PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:

1. The present writ petition has been filed to release the motorcycle of the petitioner bearing Registration No. BR06CA7068, Chassis No. MD634BE43J2L68826 and Engine No. BE4LJ2667534 in favour of the petitioner.

2. The brief facts of the case are that while the police personnel of Panapur Kariyat Police Station, Muzaffarpur were on patrolling duty on 24.08.2024 at about 03:00 p.m. they received secret information that one Guddu Kumar is going to deliver illicit foreign liquor by his Apachi motorcycle bearing Registration No. BR06CA7068, whereafter the police force had proceeded to Harchanda Bazar where one person riding the said motorcycle was arrested and upon enquiry he had disclosed his name as Guddu Kumar as also upon search 2.52 litres of illicit foreign liquor was recovered, leading to registration of Panapur Kariyat P.S. Case No. 99 of 2024 dated 24.08.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, against Guddu Kumar, Raj Kumar and Sanjay Sah.

3. The Ld. Counsel for the petitioner has submitted that first of all meagre quantity of 2.52 litres of illicit foreign liquor has been recovered from the motorcycle in question and secondly, the petitioner was neither driving the motorcycle nor was apprehended on the spot, however he had given the motorcycle to the accused Guddu Kumar for taking his mother for treatment to the doctor but it appears that on the way he had misused the vehicle in question for ferrying illicit foreign liquor.

4. Per contra, the Ld. Counsel for the respondent-State submits that since 2.52 litres of illicit foreign liquor has been recovered from the motorcycle in question, the same has been legally seized under the provisions of the Bihar Prohibition and Excise Act, 2016, hence the petitioner may file appropriate application under Rule 12A(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 (hereinafter referred to as the 'Rules, 2023') for release of the motorcycle on payment of Penalty. 5. We have heard the learned counsel for the parties. At this juncture, we would like to reproduce Rule 12A(2) of the Rules, 2023 herein below:-

"Rule 12A (Release of Vehicles, Conveyance etc. on Payment of Penalty):-

"(2) The amount of penalty shall be as decided by the Collector or the Officer authorized by him. While imposing the penalty, he shall have due regard to the quantity of intoxicant recovered, involvement of the vehicle owner and the latest insurance value of the vehicle. In no case, the penalty should be less than 10% of the insured value of the vehicle and more than Rs. 5 lakhs. The insured value is the value of the vehicle as assessed by the insurance company. Where, the insured value is not available or the Collector or the Officer authorized by him has reason to believe that the vehicle is undervalued, he shall get the valuation done by the District Transport Officer. In any case, the Collector shall not wait beyond 15 days from the date of seizure and if during this period, the accused/owner does not pay up the penalty, he shall proceed with the confiscation/ auction."

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMjAwMCMyMDI2IzEjTg==-yhr--am1--BG2n808=)

Disclaimer: Curated by HT Syndication.