Naulesh Chaudhari @ Nawal ... vs The State Of Bihar
2023 Latest Caselaw 2226 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3027 of 2023
     ======================================================

Naulesh Chaudhari @ Nawal Chaudhari Son of Late Ram Kishun Chaudhari Resident of Village-Ekangardih, Police Station- Ekangarsarai, District

-Nalanda.

... ... Petitioner Versus

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

2. The Additional Chief Secretary, Excise, Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna,

4. The Collector-Cum-District Magistrate, Nalanda.

5. The Additional Collector-Cum-Additional District Magistrate, Nalanda at Biharsharif.

6. The Superintendent of Police, Nalanda.

7. The Station House Officer, Ekangarsarai, District- Nalanda.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Respondent/s : Mr.Vivek Prasad (GP7) ====================================================== 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 learned

counsel for the State.

The petitioner is aggrieved with the confiscation

proceedings initiated and concluded against his property for

reason of seizure of liquor. 15 litres country made liquor were

recovered from the dwelling house of the petitioner. The seizure

report shows the location of the premises from which the above Patna High Court CWJC No.3027 of 2023 dt.09-05-2023

seizure was made. Confiscation proceedings were concluded by

the Collector confiscating the property and the appeal against it

remained unsuccessful and the revision filed also was rejected.

There is no procedural irregularity pointed out by the

learned counsel for the petitioner and in such circumstances, the

only remedy available for the petitioner is to approach the

Collector for release of the dwelling house on payment of

penalty as has been prescribed under Rule 12B of the Bihar

Prohibition and Excuse Rules, 2021. If such an application is

filed, the Collector shall consider the same specifically taking

into account the economic status of the individual, nature of

involvement in the crime, location of the premises and more

importantly, the quantum of the intoxicants recovered. These

factors should be judiciously considered while determining the

quantum of penalty to be imposed upon the petitioner. The

petitioner shall file an application before the Collector within a

period of two weeks from today upon which the Collector shall

intimate a date of hearing and conclude the proceedings within a

further period of one month from the date of hearing.

We make it clear that we have not made any observations

on the merits of the case. The petitioner would be entitled to

challenge the order of the District Collector if he desires so. But Patna High Court CWJC No.3027 of 2023 dt.09-05-2023

if the penalty is deposited, the premises shall be absolved from

confiscation.

Leaving the remedy open, the writ petition stands

disposed off with the aforesaid observations and directions.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) Shyambihari/ Raj Kishore/-

AFR/NAFR
CAV DATE
Uploading Date          11-05-2023
Transmission Date