Patna HC says vehicle owner not guilty if pillion rider carries liquor

In a significant verdict, the Patna High Court has held that mere use of a vehicle to carry liquor or other intoxicants does not allow authorities to confiscate it under the Bihar Prohibition and Excise Act.

“Just use of the vehicle to carry intoxicant or liquor is also not sufficient for its seizure and confiscation. The involvement or connivance of the owner of the vehicle in such illegal use of the vehicle is also an essential prerequisite for confiscation of the vehicle or imposing any penalty for release of the vehicle,” the Court said.

Expressing displeasure over the abuse of prohibition law through such manner and on confiscation of a vehicle belonging to a third person who was neither driver nor pillion rider, the High Court directed Gopalganj District Magistrate (Collector) to pay a compensation of Rs 1 lakh within 10 days to the aggrieved woman whose motorcycle was confiscated.