The petitioner's counsel submitted that his client’s vehicle was seized by the officers of the policeExpressing displeasure over the seizure of a private vehicle under the liquor prohibition law, despite no recovery of liquor from it, the Patna high court imposed a cost of INR 25,000 on the state's excise and police department for an illegal seizure.
A division bench comprising Justices P B Bajanthri and S B P Singh, while allowing a writ petition of one Niyati Ghosh Mandal, directed immediate release of her vehicle, which was seized in connection with a criminal case lodged at Kuchaikot police station in Gopalganj district on September 12 this year.
The court also ordered payment of her litigation expenses within the next eight weeks. The order was passed on Friday and came in the public domain through HC websites on Monday.
The judges also directed the state govt to identify the officers responsible for such an illegal seizure of a private vehicle from which no liquor was recovered and initiate disciplinary proceedings against them, which should be concluded within the next six months. The high court further directed the recovery of the cost amount from the erring officers.
The petitioner's counsel submitted that his client resides in Tinsukia town of Assam, and her vehicle was seized by the officers of the police and excise departments in connection with a criminal case lodged for the alleged purchase of stolen property.
However, for no reason, the provisions of the liquor prohibition law were also inserted in the case. However, the seizure memo, prepared by the police itself, did not show the recovery of any liquor from the seized vehicle.
