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Judgment
Heard the parties.
Petitioner has prayed for following reliefs:-
“(i) For direction to the respondents to release the vehicle Motorcycle bearing Registration No. BR 31AG-4105 in the favour of the petitioner
seized in connection with Bhagwanpur P.S. Case No. 176 of 2019.
(ii) For any other relief/relieves which is entitled to the petitioner in accordance with law.â€
Informant is a police officer who has alleged in FIR that on 21.07.2019 he received a secret information that a liquor party is going on in the poultry
form of Abhishek Kumar and on receipt of said information he along with other police personnel raided said place and found that 5 persons were
sitting in a room and they were nabbed by the police and from the rooms 4 bottles containing 1.290 liter of foreign liquor was recovered and from
outside the poultry form two motorcycles without any registration number were parked and arrested culprits could not produce the ownership
documents of the said vehicle as such it was presumed that the motorcycles are stolen motorcycles and same were seized giving rise to Bhagwanpur
P.S. Case No. 176 of 2019 dated 21.07.2019 under section 414 of Indian Penal Code and 30(A) of Excise Act.
As there is no recovery of illicit liquor from the seized motorcycle and FIR was instituted it to be stolen motorcycle as such the seized motorcycle is
not liable for confiscation under Section 58 of the Excise Act and Bar of jurisdiction in confiscation under Section 60 of the Excise Act will not be
applicable and as such Special Court Excise has jurisdiction to pass order with respect to seized motorcycle accordingly the order dated 22.11.2019
passed by Special Court, Excise Vaishali at Hajipur in Bhagwanpur P.S. Case No. 176 of 2019 is set aside and Special Court Excise is directed to
pass a fresh order on the petition filed by the petitioner for release of her seized motorcycle within 30 days from the date of receipt/production of a
copy of order passed by the Court.
The writ petition is accordingly disposed of.