Babloo Kumar vs The State Of Bihar
2022 Latest Caselaw 4111 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.9623 of 2022
     ======================================================

Babloo Kumar, Son of Upendra Singh, Resident of Village- Lohan, Police Station- Ariyari, District- Sheikhpura.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

2. The Additional Chief Secretary-cum-Principal Secretary, Government of Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna.

4. The District Magistrate-cum-Confiscating Officer, Jamui.

5. The S.H.O Chandradeep Police Station, District- Jamui.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Arun Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar ( S.C.11 )

====================================================== 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 : 29-07-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.9623 of 2022 dt.29-07-2022

Patna High Court CWJC No.9623 of 2022 dt.29-07-2022

Patna High Court CWJC No.9623 of 2022 dt.29-07-2022

Patna High Court CWJC No.9623 of 2022 dt.29-07-2022

The revisional Authority by his order dated 16.11.2021

has held that the vehicle in question owned by the revisionist is

allowed to be released upon payment of 50% of the insurance

value of the vehicle as penalty. The insurance value means the

value of the vehicle as assessed by the Insurance Company.

It is submitted on behalf of petitioner that the vehicle in

question was seized for carrying 09 litres of foreign liquor and

at the time of seizure, the vehicle was not insured and thereafter

was kept in police station from 12.07.2021 and has suffered the

vagaries of weather and wear and tear and the value of the

vehicle has diminished, as such, direction of the revisional

authority for payment of penalty of 50% of the insured value

requires interference.

The writ petition is disposed of with a direction to the

District Collector/Confiscating Authority to get the valuation of

the vehicle done by the concerned D.T.O. and vehicle of the Patna High Court CWJC No.9623 of 2022 dt.29-07-2022

petitioner to be released on making payment of 50% of such

valuation.

The order passed by the Revisional Authority dated

29.04.2022 is modified to the extent as indicated above.

The writ petition is accordingly disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/-

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