Court orders release of motorcycle, citing lack of owner's involvement in the illegal act under Bihar Prohibition and Excise Act, 2016.
In a significant judgment, the Patna High Court has quashed the confiscation order of a motorcycle that was allegedly used to transport illicit liquor, citing lack of evidence of the owner's involvement. The Division Bench comprising Justices Mohit Kumar Shah and Alok Kumar Pandey delivered the verdict on February 2, 2026, in the case of Md. Hasmuddeen Ali v. State of Bihar.
The case revolved around the confiscation of a motorcycle, stolen from petitioner Md. Hasmuddeen Ali on May 9, 2022. Following the theft, Ali had promptly lodged an FIR, which was registered as Chakiya P.S. Case No.180 of 2022. Unbeknownst to him, the stolen vehicle was later found and seized in connection with Kuchaikote P.S. Case No. 470 of 2023, under the Bihar Prohibition and Excise Act, 2016, where it was allegedly used to transport 11.160 liters of illicit liquor.
The Sub-Divisional Magistrate of Gopalganj had passed an order on January 5, 2024, for the vehicle's confiscation and auction. However, the High Court found that there was no evidence linking Ali to the illegal use of his motorcycle. The court emphasized that for a vehicle to be confiscated under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, there must be evidence of the owner's consent or connivance in the illegal activity.
The court referenced previous judgments, including the cases of Sunaina v. State of Bihar and Ali Ashraf Siddique v. The State of Bihar, to highlight the necessity of the owner's involvement in illegal activities for vehicle confiscation. The Bench noted that the State had failed to establish any such involvement or even serve a notice to the petitioner due to the untraceability of the vehicle’s ownership during the confiscation proceedings.
In its oral judgment, the court stated, "The twin prerequisites for seizure and confiscation of a vehicle under the Bihar Prohibition and Excise Act, 2016 - use of the vehicle in carrying/transporting the liquor or intoxicant and the consent or connivance of the owner of the vehicle in commission of the offence - are not fulfilled in this case."
The High Court's decision mandates the release of the motorcycle within two weeks from the communication of its order, thereby setting a precedent for similar cases where an owner's lack of involvement in the illegal use of their stolen property could safeguard them from punitive confiscation.
Bottom Line:
Confiscation of a vehicle under the Bihar Prohibition and Excise Act, 2016 requires two essential prerequisites - the use of the vehicle in transporting illicit liquor and the consent or connivance of the owner in the illegal use of the vehicle.
Statutory provision(s): Section 30(a) of the Bihar Prohibition and Excise Act, 2016, Section 379 of the Indian Penal Code, Article 14 and Article 300A of the Constitution of India.
Md. Hasmuddeen Ali v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2852652
