Abhay Kumar vs The State Of Bihar
2022 Latest Caselaw 4337 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11147 of 2022
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Abhay Kumar Son of Raju Tanti, Resident of Mohalla - Harijan Tola, Maheshpur, Aliganj, P.S. - Babarganj, District - Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Bhagalpur.

3. The Superintendent of Police, Bhagalpur.

4. The Investigating Mojahidpur (Babarganj) Police Station, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate For the Respondent/s : Mr.Vivek Prasad ( Gp 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 05-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:- Patna High Court CWJC No.11147 of 2022 dt.05-08-2022

Allegation is recovery of 11.25 liters foreign liquor

from the house of the petitioner.

It is submitted that a notice has been issued to the

petitioner to pay a fine of Rs.1,00,000/- (Rupees one lacs) for

getting the property in question unsealed/released and if within

15 days, he does not pay the aforesaid fine after filling Form V,

his property will be confiscated/auctioned.

There is minimum fine of Rs.1,00,000/- for getting the

house released in terms of Rule 12 B (2) of the Bihar

Prohibition and Excise Rules, 2021, which reads as under:-

"12 B (2) The Collector or the officer authorized by him shall have due regard to the economic status of the individual, nature of his involvement in the crime, location of the premises and the quantum of intoxicant recovered while deciding the quantum of fine to be paid by the individual. However, the fine shall not be less than Rs. One Lakh in any case.

In any case, the Collector shall not wait beyond 15 days from the date of seizure/sealing and if during this period, the accused/owner does not pay up the penalty he shall proceed with the confiscation / auction." Patna High Court CWJC No.11147 of 2022 dt.05-08-2022

In said view of the matter, the writ petition is

dismissed.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR
CAV DATE
Uploading Date          08.08.2022
Transmission Date