Rambabu Kumar vs The State Of Bihar
2023 Latest Caselaw 2050 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6422 of 2023
     ======================================================

Rambabu Kumar, Son of Surendra Patel, Resident of Village - Rulhi, Police Station - Majhauliya, District - West Champaran.

... ... Petitioner/s Versus

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

2. The Secretary Department of Prohibition, Excise and Registration, Government of Bihar, Patna.

3. The Director General of Police Government of Bihar Patna.

4. The District Magistrate East Champaran.

5. The Superintendent of Police East Champaran at Motihari.

6. The Officer-in-charge Turkauliya (Banjariya O.P.) Police Station, District -

East Champaran.

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate

For the Respondent/s : Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-05-2023

1. The petitioner is concerned with his motorcycle

bearing Registration No. BR22AU-9315, Engine No.

HA11EDMHC41193, Chassis No. MBLHAW126MHC19008,

which was seized in a crime registered under the Bihar

Prohibition and Excise Act. An FIR was registered on

04.03.2023 as Turkauliya (Banjariya) P.S. Case No. 287 of

2023. The charge was that 48 litres of country made liquor was Patna High Court CWJC No.6422 of 2023 dt.01-05-2023

found and recovered from the vehicle. The petitioner

apprehends confiscation proceedings.

2. Learned counsel for the petitioner submits that the

petitioner's vehicle was stolen on 15.01.2023, the theft was

reported to the Police Station and an FIR bearing Sugauli P.S.

Case No. 31 of 2023, was registered on 16.01.2023, as is

evident from Annexure-2. The District Collector has not

initiated the confiscation proceedings till date.

3. In such circumstances, the petitioner shall produce

a certified copy of this judgment before the District Collector.

The seizing authority shall ensure that the records are

transmitted to the District Collector, within a period of one

month from today. The District Collector shall post a date for

hearing and the petitioner shall be issued with notices and after

affording him an opportunity of hearing, the matter shall be

decided, specifically dealing with the contention regarding the

theft of the vehicle, for which an FIR was registered. If the FIR

is found to be genuine, necessarily the vehicle should be

released. Otherwise, the petitioner shall also be entitled to file

an application under Rule 12A of the Bihar Prohibition and

Excise Rules. The matter shall be concluded at any rate within 3

months from today.

Patna High Court CWJC No.6422 of 2023 dt.01-05-2023

4. Writ application is disposed of.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/sumit-

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Uploading Date          02.05.2023
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