Lakshmi Devi vs The State Of Bihar
2023 Latest Caselaw 2215 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6296 of 2023
     ======================================================

Lakshmi Devi Wife of Late Mohan Chaudhary Resident of village- Shanti Nagar P. S.- Mehsi, District- East Champaran

... ... Petitioner/s

Versus

1. The State of Bihar Through the Principle Secretary, Registration Excise and

Prohibition Department, Government of Bihar, Patna

2. The Principal Secretary Registration, Excise and Prohibition Department,

Government of Bihar Patna

3. The Collector-Cum-District Magistrate East Champaran

4. The Superintendent of Police East Champaran

5. The Superintendent of Excise East Champaran

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Abhishek Kumar

For the Respondent/s : Mr.Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-05-2023

Heard learned counsel for the petitioner and the

respondents.

Patna High Court CWJC No.6296 of 2023 dt.09-05-2023

The petitioner is aggrieved with the seizure of her

courtyard pursuant to an FIR being Mehsi P.S. Case No. 351 of

2022 dated 12.12.2022. The FIR was registered on recovery of

10 litres of liquor from her courtyard. No confiscation

proceeding has been initiated up till now. Learned Government

Advocate also submits that he has no instruction as to whether

any confiscation proceedings have been initiated up till now.

However, the courtyard was sealed by the authority.

In such circumstances, we direct the seizing

authority to transmit the papers immediately to the District

Collector, if the petitioner approaches the District Collector on

or before 06.06.2023. The District Collector, if not in receipt of

the papers, would immediately instruct the seizing authority to

forward the same.

If an application is filed under Rule 12(B) of the

Bihar Prohibition and Excise Rules, 2021, the same shall be

considered and the matter be disposed of.

If the penalty is deposited, as per the direction

given by the District Collector, the courtyard of the petitioner

shall be released.

We also give liberty to the petitioner to challenge

the order passed by the District Collector, if need be.

Patna High Court CWJC No.6296 of 2023 dt.09-05-2023

With the aforesaid observations and directions, the

writ petition stands disposed of.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) M.E.H/uttam/-

AFR/NAFR CAV DATE Uploading Date Transmission Date