Bar U/S 60 Bihar Prohibition Act Doesn't Oust High Court's Writ Jurisdiction To Release Seized Vehicles: Patna High Court

The Patna High Court held that while section 60 of the Bihar Prohibition and Excise Act bars jurisdiction of the Special Exercise Court to release seized vehicles used to commit the offence, the bar doesn't oust the writ jurisdiction of the High Court under Article 226 of the Constitution.

The order was passed by Justice Arun Kumar Jha.

The case arose when the petitioner Karnal Kumar's motorcycle was seized by the police due to the recovery of 1.08 litres of foreign liquor. His motorcycle collided with Golu Kumar, and following an altercation, Golu allegedly placed the liquor to falsely implicate him. The police investigation confirmed this. Despite the confirmation, the Exclusive Special Excise Judge Begusarai rejected the release application, citing section 60 of the Bihar Prohibition and Excise Act .

The court observed that “the learned trial court considered it appropriate not to release the vehicle, considering the bar under Section 60 to be absolute.”

“But The language of Section 60 makes it clear that when liquor, material, still, utensil, implements or apparatus or any receptacle, package, any animal cart, vessel, or other conveyance used in committing any offence, is seized or detained under the Excise Act, then only the court would have no jurisdiction to make any order with regard to such property. But when the investigating authorities have themselves submitted before the court concerned that the vehicle was not involved in the occurrence, there was no occasion for it being seized or detained under the Excise Act.”

The court placed reliance on the decision of this court in the case of Suresh Sah v. State of Bihar & Ors., 2020 (1) BLJ 706, wherein the court considered the jurisdiction of the Special Excise Court and High Court in view of Section 60 of the Bihar Prohibition and Excise Act, 2016. The court then held that “in the light of Section 60 of said Act, jurisdiction of Special Excise Court is barred, but such bar does not operate in the exercise of jurisdiction under Article 226 of the Constitution of India.”

Thus, the bar of jurisdiction in confiscation doesn't oust the jurisdiction of the High Court under writ jurisdiction. The court thus set aside the trial court's order and directed the immediate release of the petitioner's motorcycle to its registered owner, subject to conditions imposed by the concerned court.

Case Title: Karnal Kumar v. State of Bihar

Case No.: Criminal Writ Jurisdiction Case No.2364 of 2025

Counsel for the petitioner: Mr.Ritik Shah, Advocate

Counsel for the Respondent:Mr S.C 22

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