Patna High Court Orders Release of Seized Motorcycle, Overrides Special Excise Court’s Decision

High Court Utilizes Article 226 to Counteract Section 60 Bar of Bihar Prohibition and Excise Act, Citing Lack of Vehicle Involvement in Offence

In a noteworthy judgment passed by the Patna High Court, Justice Arun Kumar Jha has ordered the release of a motorcycle seized under the Bihar Prohibition and Excise Act, 2016, by exercising the extraordinary powers under Article 226 of the Constitution of India. This decision comes after the Special Excise Court denied the release of the vehicle due to jurisdictional limitations imposed by Section 60 of the Act.

The case revolves around the petitioner, Karnal Kumar, whose motorcycle was confiscated in connection with an alleged transportation of illicit liquor. However, subsequent investigations revealed that the petitioner’s vehicle had no involvement in the offence. The police confirmed that the liquor was planted by another individual, Golu Kumar, following a personal altercation.

Despite these findings, the Special Excise Court in Begusarai refused to release the vehicle, citing the jurisdictional bar under Section 60 of the Bihar Prohibition and Excise Act. This section prevents courts from making orders concerning seized property involved in offences under the Act.

However, the Patna High Court intervened, emphasizing that the writ jurisdiction under Article 226 remains unaffected by such statutory bars. The Court referenced a similar precedent from the case of Suresh Sah v. State of Bihar, which highlighted the High Court’s ability to address extraordinary circumstances and ensure justice even when statutory bars exist.

In delivering the judgment, Justice Jha underscored the need to rectify the anomalous situation where the petitioner’s vehicle was wrongfully seized, stating, “The investigating authorities have themselves submitted that the vehicle was not involved in the occurrence.” Consequently, the High Court ordered the immediate release of the motorcycle to its rightful owner, subject to any conditions imposed by the concerned court.

The judgment reaffirms the High Court’s commitment to justice, demonstrating its willingness to exercise constitutional powers to correct lower court decisions when warranted by the facts and circumstances of a case.

Bottom Line:

Bihar Prohibition and Excise Act - Jurisdiction of Special Excise Court is barred under Section 60 of the Act, but such bar does not operate in exercise of jurisdiction under Article 226 of the Constitution of India. High Court can exercise its extraordinary power under Article 226 in cases where the vehicle's involvement in the offence is ruled out during investigation.

Statutory provision(s): Article 226 of the Constitution of India, Section 60 of the Bihar Prohibition and Excise Act, 2016

Karnal Kumar v. State of Bihar, (Patna) : Law Finder Doc Id # 2812453