Pradeep Kumar Mahto vs The State Of Bihar
2023 Latest Caselaw 2139 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.14745 of 2022
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Pradeep Kumar Mahto son of Raghuveer Mahto @ Raghuvir Mahto resident of village- Jagdishpur, P.S.- Khanpur, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Excise, Patna, Bihar.

2. Principal Secretary, Home Department, Government of Bihar, Patna, Bihar.

3. The District Magistrate, Darbhanga.

4. The Superintendent of Police, Darbhanga.

5. The S.H.O., Bishunpur, Police Station, Darbhanga.

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

For the Petitioner/s : Mr.Ghanshyam Choudhary For the Respondent/s : Mr.Kumar Manish ( Sc 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 05-05-2023

The petitioner is aggrieved with the seizure of his

vehicle (Maruti Suzuki) bearing Registration No. BR-06 BX

3934, Chassis No. MA3ETDE1S00628769, Engine No.

K10BN8235209 which was seized in connection with Patna High Court CWJC No.14745 of 2022 dt.05-05-2023

Bishunpur P.S. Case No. 29 of 2021 dated 28.03.2021 for

recovery of 144.750 litres English wine.

Learned State counsel submits that the vehicle was

confiscated on 09.11.2021 against which appeal was preferred

which was disposed of on 14.02.2022 remanding the matter

back to the confiscating authority. The confiscating authority

again passed the confiscation order on 29.03.2022 against which

again the petitioner filed appeal which was also disposed of on

11.07.2022 granting liberty to the petitioner to avail the remedy

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

2021. A notice for auction was published and the vehicle was

auction sold on 27.06.2022. Thereafter, on 22.07.2022, the

vehicle was handed over to the auction purchaser. Also, no

revision against the impugned order of confiscation/appeal has

been filed. The writ petition was filed on 20.10.2022. We had

directed the auction purchaser to be impleaded which has also

not been done by the petitioner.

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.

Patna High Court CWJC No.14745 of 2022 dt.05-05-2023

This writ petition is dismissed.

                                                    (K. Vinod Chandran, CJ)


P.K.P./Anushka                                                (Rajiv Roy, J)
AFR/NAFR
CAV DATE
Uploading Date          09.05.2023
Transmission Date