Vijay Kumar Chaudhary vs The State Of Bihar
2023 Latest Caselaw 2216 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.5831 of 2023
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Vijay Kumar Chaudhary Son of Sri Yugeshwar Chaudhary R/o-Village- Mathurapur,Post-Asinchak, P.S.-Dalsingsarai, District-Samastipur (Bihar).

... ... Petitioner/s Versus

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

2. The District Magistrate, Samastipur.

3. The Senior Superintendent of Police, Samastipur.

4. The Excise Officer, District-Samastipur.

5. The officer Incharge, Dalsingsarai District-Samastipur.

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

For the Petitioner/s : Mr.Ranjit Kumar For the Respondent/s : Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-05-2023 The petitioner is concerned with his vehicle, which was

seized on 29-09-2022. An F.I.R being Dalsingsarai PS Case No.

382 of 2022, dated 29-09-2022 was registered on the recovery

of 1125 ml (1.125 litres) of country made liquor from the

vehicle in-question.

2 Learned counsel for the petitioner submits that till date

no confiscation proceeding has been initiated.

3 We find that there is no discretion cast on the District

Collector to reduce the penalty considering the quantum of the

liquor seized or the circumstances under which the offence is Patna High Court CWJC No.5831 of 2023 dt.09-05-2023

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

2021 (for brevity, the Rules); as is available under Rule 12B (2)

of the Rules. We also notice that the quantum of the recovered

liquor is one of the factors which has to be considered in

imposing the penalty under Rule 12B (2) of the Rules.

4 In the above circumstances, considering the minuscule

quantity of liquor recovered from the vehicle Chassis No.

MBNABAEXPKJA04469, Engine No. NKAZEMJ0284 we are

of the opinion that on deposit of Rs. 20,000/- (Twenty

Thousand) the vehicle shall be released within a period of two

weeks from the date of receipt/production of a copy of this

judgment, subject to verification of the petitioner's identity vis-

a-vis ownership of the vehicle in-question and there shall be no

further confiscation proceeding against the vehicle, on the basis

of the instant crime registered.

(K. Vinod Chandran, CJ)

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

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