Rajendra Yadav vs The State Of Bihar
2023 Latest Caselaw 2068 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5909 of 2023
     ======================================================

Rajendra Yadav Son of Bigan Yadav, Resident of Village - Matiyariya, Police Station - Bagaha, District - West Champaran.

... ... Petitioner/s Versus

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

2. The Commissioner, Excise Department, Bihar, Patna.

3. The Collector (District Magistrate ), West Champaran, Bettiah.

4. The Superintendent of Police Bagaha Police District, West Champaran.

5. The Officer in Charge of Bagaha Police Station, West Champaran.

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-05-2023 The petitioner is concerned with his vehicle bearing

registration no. BR-22AQ-5496 which was seized on recovery

of 15.5 liters of Indian made foreign liquor and an F.I.R was

registered in connection with Bagaha P.S. Case No. 923 of 2022

for the offence registered under section 30(a) of the Bihar

Prohibition and Excise Act, 2016.

The petitioner apprehends confiscation of his

vehicle and submits before us that he is ready to take his remedy

under Rule 12A of the Bihar Prohibition and Excise Rules,

2021.

Patna High Court CWJC No.5909 of 2023 dt.02-05-2023

The learned Government pleader, on instructions,

submits that the confiscation proceedings has not been initiated

but the records have reached the District Collector.

In such circumstances, the petitioner shall approach

the District Collector on any day after 18th May, 2023 and file an

application for release of the vehicle under Rule 12A of the

Rules. The District Collector shall consider the question of

release and order release on payment of penalty, if it does not

jeopardize public interest. The insured value of the vehicle shall

also be determined with the petitioner directed to pay fifty

percent of the same. If the penalty is deposited then the vehicle

shall be released to the petitioner after verifying his claim of

ownership. If the petitioner does not approach the District

Collector before 05.06.2023, the confiscation proceedings shall

be proceeded with.

Writ petition stands disposed of.

                                             (K. Vinod Chandran, CJ)


                                               ( Madhuresh Prasad, J)
Aditya/Sujit
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          04.05.2023.
Transmission Date       N/A