Bablu Mandal vs The State Of Bihar
2023 Latest Caselaw 2094 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15952 of 2022
     ======================================================

Bablu Mandal, S/o- Ranjit Mandal, R/o- Malkachhari Goshala Road, P.S.- Town, Dist- Madhubani.

... ... Petitioner/s Versus

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

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The Officer in Charge of Khajauli Police Station, Madhubani.

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

For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate For the Respondent/s : Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-05-2023

The petitioner is aggrieved with the seizure of his

vehicle (Scorpio) bearing Registration No. BR-32D4114,

Chassis No. MAITA2GCK82L7335, Engine No. GC84L17642

which was seized in connection with Khajauli P.S. Case No.

242/2020 dated 13.12.2020 for recovery of 510 litres of Nepali

country made wine.

Learned State counsel submits that the vehicle was

confiscated on 27.08.2021 and thereafter auction sold on

21.01.2022 after giving notice to the petitioner in the

confiscation proceedings in the which petitioner appeared. Also, Patna High Court CWJC No.15952 of 2022 dt.03-05-2023

no appeal or revision against the impugned order of confiscation

has been filed. The writ petition was filed on 18.11.2022.

The petitioner had a remedy under Rule 12 (A) of the

Bihar Prohibition and Excise Rules, 2021 which he has not

availed because the vehicle has been auction sold. There is

nothing that could be done at this point of time and the fait

accompli stares at the face of the petitioner.

This writ petition is dismissed.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 04.05.2023 Transmission Date