Patna High Court Upholds Seizure of Vehicle in Liquor Smuggling Case
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Patna, April 20 (NationPress) On Monday, the Patna High Court issued a pivotal verdict that strengthens the rigorous enforcement of Bihar’s liquor prohibition law, emphasizing the gravity of violations under this legislation.
In the matter of Prayagdhwaj Yadav vs State of Bihar, a division bench consisting of Justice Mohit Kumar Shah and Justice Arun Kumar Jha rejected the petitioner's request for the return of a Hyundai Verna car that had been confiscated in relation to a liquor smuggling incident.
During the court session, Advocate Saurabh Yadav, representing the petitioner through a virtual platform, contended that the vehicle had been rented via the Zoomcar service to help manage loan EMIs, asserting that the petitioner was unaware of its supposed involvement in any illicit activities.
Countering this argument, Government Advocate Prashant Pratap firmly opposed the plea, informing the Court that a significant amount—350.250 litres—of foreign liquor had been seized from the vehicle, constituting a severe breach of the prohibition law.
The State further argued that given the scale and seriousness of the liquor recovery, releasing the vehicle would not align with the public interest and could establish an undesirable precedent.
After thorough consideration of the arguments from both sides, the Court concurred with the State's stance, affirming that the seizure of the vehicle was warranted, particularly due to the substantial volume of contraband involved.
Additionally, the Patna High Court highlighted that the petitioner has a viable and effective legal recourse available under Section 92 of the Bihar Prohibition and Excise Act, which permits filing an appeal before the appropriate authority.
The Court stressed that circumventing this statutory remedy by directly petitioning the High Court through a writ is not permissible under the law.
Consequently, the Court denied any relief to the petitioner and dismissed the petition as without merit.
The Liquor Prohibition Act was enacted in Bihar in April 2016 by the then Nitish Kumar administration and has remained in effect since.
Recently, following the establishment of the new government, several leaders, including RLM MLA Madhav Anand and Mokama’s JD-U MLA Anant Kumar Singh, have called for a reassessment of the Act.
However, Bihar Chief Minister Samrat Choudhary reaffirmed that the liquor ban will persist in the state.