Bihar Prohibition & Excise Act | Motorcycle Can't Be Held To Have Been 'Used To Carry' Illicit Liquor If It Is Merely Recovered From Rider: High Court

The Patna High Court recently held that under the Bihar Prohibition and Excise Act, 2016, a motorcycle cannot be considered as having been 'used' to transport illicit liquor if it was found in the possession of the individuals riding it. It has to be interpreted strictly as it has penal consequences.” Calling it a classic illustration of how the people are being harassed by concerned State officials in the name of the Bihar Prohibition and Excise Act, 2016, the bench added, “But the confiscation authority confiscated the vehicle in question by the impugned order. This case is a classic illustration of how the people are being harassed by concerned State officials in the name of the Bihar Prohibition and Excise Act, 2016.” The relevant facts of the case, as emerging from the record, were that while the petitioner was riding on a motorcycle, he was stopped by the police on suspicion and on search, 180 ML of Indian Made Foreign Liquor was recovered from the pants of the petitioner. After it's analysis of the above, the Court opined, “The first and foremost thing, which emerges from the aforesaid discussion of the statutory provisions, is that no vehicle can be seized or confiscated without its use in commission of any offence under the Bihar Prohibition and Excise Act, 2016.” “Under Section 30 of the Act, transport of illicit liquor or intoxicant is an offence and in commission of such offence, a vehicle can be used. The Court held, “The Bihar Prohibition and Excise Act no way authorises the official to seize or confiscate the vehicle in the alleged facts and circumstances of the case.