Patna High Court
Bimlesh Kumar vs The State Of Bihar on 4 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4347 of 2023
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Bimlesh Kumar, S/o Late Damodar Mehta, Resident of Village-Sonpurwa,
P.S. Hussainabad, District Palamu (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna.
2. The Principal Secretary Department of Excise, Bihar, Patna.
3. The District Collector Aurangabad, District Aurangabad.
4. The Superintendent Excise, Aurangabad, District Aurangabad.
5. The S.H.O. Excise P.S. Aurangabad, District Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Nitu Kumari, Advocate
For the Respondent/s : Mr. Kumar Manish, SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-05-2023
1. The petitioner is aggrieved with the seizure of his
motorcycle bearing Registration No. JH03 AH 3188, Chassis
No. MD625AK25N1D03531, Engine No. CK2DN1403494,
which contained 51.840 litres of country made liquor. An F.I.R.
was registered on 02.11.2022 as Aurangabad Excise P.S. Case
No. 236 of 2022. A confiscation order was passed on
07.02.2023.
2. The learned counsel for the petitioner submits that
Patna High Court CWJC No.4347 of 2023 dt.04-05-2023
no notice was issued before the confiscation order was passed.
3. Learned counsel for the State specifically points to
Annexure-C and submits that in fact the owner of the vehicle
could not be traced and the paper publication was made.
4. The learned counsel for the petitioner counters with
the contention that there is no provision for a paper publication.
5. We are not convinced that such a contention could
be taken, especially since, when the owner is not traced, the
authority can only issue a paper publication showing the
registration number. However, in the present case, the
registration certificate is produced as Annexure-1, which should
be available in the portal of the Motor Vehicle Department. It
only shows that the District Collector (the seizing authority) has
not carried out proper verification to find out the real owner of
the vehicle.
6. In such circumstances, we set aside the
Confiscation Order (Annexure-C) and direct the petitioner to be
present before the District Collector on 07.06.2023. Petitioner
shall be heard and order shall be passed, in any event, within
one month from the date of hearing. The petitioner will also be
entitled to file an application under Rule 12A of the Bihar
Prohibition and Excise Rules.
Patna High Court CWJC No.4347 of 2023 dt.04-05-2023
7. Writ petition is disposed of.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
Sumit/Shashank-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.05.2023
Transmission Date NA
