Court Rejects Seizure of Motorcycle in Liquor Case, Citing Violation of Constitutional Rights
In a significant ruling, the Patna High Court has set aside the seizure and confiscation of a motorcycle in connection with a liquor case under the Bihar Prohibition and Excise Act, 2016. The judgment, delivered by Justice Jitendra Kumar on December 10, 2025, emphasized the importance of safeguarding constitutional rights, particularly the right to property under Article 300A of the Indian Constitution.
The case involved Princekant Kumar, the petitioner, whose motorcycle was seized after illicit liquor was found in the possession of a pillion rider. Kumar was not present during the incident nor was any liquor recovered from him. The prosecution alleged that the motorcycle was used in the transportation of illicit liquor, prompting its confiscation.
Justice Kumar, however, pointed out that mere recovery of contraband from a person without its concealment in or use of the vehicle does not warrant seizure or confiscation under the Bihar Prohibition and Excise Act. The court observed that the vehicle was not used to carry intoxicants or liquor with the consent or connivance of the owner.
Referencing previous judgments, including those in the cases of Sunaina v. State of Bihar and Binit Kumar v. State of Bihar, Justice Kumar underscored that vehicles could only be seized if used in the commission of an offence and with the owner's involvement. The court criticized the mechanical rejection of anticipatory bail petitions without proper scrutiny, stressing the need for courts to protect citizens' rights.
The judgment directed the release of Kumar's motorcycle and granted anticipatory bail, reinforcing the principle that deprivation of property must be backed by legal authority. The ruling also called for judicial officers and law enforcement officials to adhere to this interpretation to prevent arbitrary actions that infringe upon constitutional rights.
This decision is expected to have widespread implications, ensuring that individuals are not unjustly deprived of their property and reinforcing the judiciary's role in upholding constitutional protections.
Bottom Line:
Bihar Prohibition and Excise Act - Seizure and confiscation of vehicle - A vehicle cannot be seized or confiscated under the Bihar Prohibition and Excise Act, 2016 unless it has been used for carrying intoxicants or liquor with the consent or connivance of the owner - Mere recovery of contraband from a person without its concealment in or use of the vehicle does not warrant seizure or confiscation of the vehicle.
Statutory provision(s): Bihar Prohibition and Excise Act, 2016 Sections 30(a) and 32, Constitution of India, 1950 Articles 14 and 300A, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482 (2)
Princekant Kumar @ Prinskant Kumar v. State of Bihar, (Patna) : Law Finder Doc Id # 2824913
