Pramod Kumar Ray vs The State Of Bihar
2023 Latest Caselaw 2232 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15210 of 2022
     ======================================================

Pramod Kumar Ray, Son of Vishnu Dev Ray, Resident of Ward No. 1, Ram Chandrapur Andhail Pataili, P.S. - Ujiarpur, District - Samastipur.

... ... Petitioner/s Versus

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

2. The Commissioner, Excise Prohibition Patna.

3. The Collector, Bhabua, Kaimur.

4. The Superintendent of Police Bhabua, Kaimur.

5. The Inspector, Excise Prohibition, Mohania Bhabua, Area, Bhabua.

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

For the Petitioner/s : Mr. Gaurav Kumar Verma, Advocate For the Respondent/s : Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-05-2023

1. The petitioner is aggrieved with the auction

conducted of his vehicle bearing Registration No. BR-01PJ-

7847, Chassis No. MA1XM2WJXJ5K54411 and Engine No.

WJJ6K88051, which was seized pursuant to an FIR registered

under Bihar Prohibition and Excise Act as Excise Case No. 618

of 2019. The FIR was registered on 25.08.2019 on recovery of

17.28 litres of illicit liquor from the petitioner's vehicle.

2. The confiscation proceedings were initiated

as Confiscation Case No. 158 of 2019, which was concluded by

order dated 13.02.2020. An appeal was filed which was also

disposed of on 03.09.2020. The petitioner had approached this Patna High Court CWJC No.15210 of 2022 dt.09-05-2023

Court in CWJC No. 4033 of 2021, which was disposed of by

order dated 05.07.2021, directing the petitioner to approach the

revisional authority. Before the revisional authority also, the

petitioner failed and the revision was rejected by order dated

24.12.2021. The vehicle was auctioned on 06.09.2022.

3. The petitioner claims that there was no

notice issued to him before the auction was conducted.

4. However, we see that the auction was

conducted long after the revision was filed. The petitioner had

been pursuing his remedy diligently and had also approached

this Court once. The petitioner could have very well filed an

application under Rule 12A of the Bihar Prohibition and Excise

Rules, 2021, which was also not done by the petitioner. The

vehicle having been auctioned of, there is nothing that can be

done in the writ petition filed two months after the auction was

conducted.

5. The writ application would stand dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/sumit-

AFR/NAFR
CAV DATE
Uploading Date          10.05.2023
Transmission Date