Patna High Court
Roopendra Singh Bhadauria @ ... vs The State Of Bihar on 10 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6154 of 2022
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Roopendra Singh Bhadauria @ Roopendra Singh, son of Ravindra Singh
Bhadauria, resident of Mohalla-Saraswati Nagar, Bhind, Ward No.-35, Police
Station-City Kotwali, District-Bhind, Madhya Pradesh.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Patna.
2. The Principal Secretary, Department of Excise, New Secretariat, Patna.
3. The Collector-cum-District Magistrate, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The Police Inspector, Prohibition and Excise, Balthati Check Post,
Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vikas Kumar Jha, Advocate
For the Respondent/s : Mr.Vivek Prasad ( Gp 7 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Patna High Court CWJC No.6154 of 2022 dt.10-05-2022
Date : 10-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
Allegation is recovery of 63.480 litre of illicit liquor
from the Bus which is owned by the petitioner. The illicit liquor
was recovered from the luggage of 1 passenger Aadesh Kumar
Patna High Court CWJC No.6154 of 2022 dt.10-05-2022
Singh and thereafter driver, co-driver and said passenger was
apprehended by the police giving rise to Excise Case No. 61 of
2021 of Gopalganj. On the recommendation of Excise
Superintendent, Confiscation Case No. 525 of 2021 was
initiated against the seized Bus of which notice was issued to
the petitioner being owner of the Bus.
After hearing the parties and considering the materials
available on record, the Bus was directed to be confiscated by
the District Collector, Gopalganj vide its order dated 18.11.2021
and appeal preferred against the said order also stood dismissed
and revision preferred before the Revisional Authority was also
dismissed and Revisional authority directed petitioner to get his
vehicle released after paying 50 per cent penalty of the insured
value of the Bus.
The only submission made on behalf of petitioner is
that the Collector vide its order dated 18.11.2021 directed Motor
Vehicle Inspector for valuation of seized Bus and to auction it
and deposit the sale proceeds in the Government account.
However, the Revisional Authority has directed petitioner to pay
penalty of 50 per cent of the insured value of the Bus which is at
higher side and he should be permitted to pay the penalty as 50
per cent of the valuation done by the MVI of the seized Bus.
Patna High Court CWJC No.6154 of 2022 dt.10-05-2022
Heard learned counsel for the parties and perused the
materials available on record, and in view of the fact that the
seized Bus was a passenger Bus and recovery was made from
the luggage of a passenger who had kept the illicit liquor
beneath his seat and the Bus was seized on 23.02.2021 which
remained parked in police station for more than 1 year, the order
dated 12.04.2022 passed by the Additional Chief Secretary,
Bihar, Patna the Revisional Authority, is modified to the extent
that petitioner shall pay the penalty as 50 per cent of valuation
of Bus as done by the motor vehicle inspector, pursuant to order
dated 18.11.2021 passed by the Collector, Gopalganj.
With aforesaid modification in the order dated
12.04.2022 passed by the Revisional Authority in Excise
Revision Case No. 86 of 2020-22, the writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2022
Transmission Date NA
