In a significant ruling that protects innocent citizens from undue penalties, the Patna High Court has decreed that a stolen vehicle seized for its involvement in liquor smuggling cannot be permanently confiscated. The court mandated that such vehicles must be returned to their rightful owners, provided the owner had no hand in the theft or the subsequent crime.
Court Shields Innocent Owners from Others' Crimes
The division bench, comprising Justices Rajeev Ranjan Prasad and Sourendra Pandey, delivered this pivotal judgment on December 22. The bench firmly held that owners of stolen vehicles are victims themselves and cannot be stripped of their property for offences committed by others. This principle was established while allowing the writ petition filed by one Prashant Kishore Thakur.
The Case of Prashant Kishore Thakur
Arguing for the petitioner, senior advocate Raju Giri presented the facts to the court. Prashant's vehicle was stolen, following which he lodged an FIR at the Patrakar Nagar police station in Patna on May 13, 2024. Two months later, on July 21, 2024, the same vehicle was intercepted by officers of the Sadar excise police station while it was carrying 220.3 litres of liquor.
Despite the excise authorities themselves finding that Prashant had no connection to the theft of his vehicle, they imposed a hefty penalty of Rs 1.44 lakh for its release. He was given a 15-day ultimatum to pay the amount, failing which the vehicle would be auctioned.
Bench Quashes Excise Orders, Citing Precedent
Relying on a similar judgment delivered just a week prior in the case of Bimlesh Kumar, the two judges quashed the excise department's orders to confiscate Prashant's stolen vehicle and levy a penalty on him. The court directed the District Magistrate (DM) of Patna to return the vehicle to its verified owner within one week.
This ruling sets a clear legal precedent, emphasizing that the state's power to confiscate property must not be applied indiscriminately against victims of crime. It underscores that penal action should target the actual perpetrators, not those who have already suffered a loss.
Implications and Future Course
The judgment is expected to impact numerous similar cases where stolen properties are misused for illegal activities. It reinforces the legal safeguard for citizens who, through no fault of their own, find their property entangled in criminal proceedings. The court's directive ensures a swift resolution, ordering the DM to verify ownership documents and facilitate the vehicle's return within a strict seven-day timeframe.
