Patna High Court
Sudhir Kumar Mahto vs The State Of Bihar on 10 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2545 of 2023
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Sudhir Kumar Mahto Son of Shiv Kumar Mahto, resident of village and P.O.-
Haril, P.S. - Mohiuddin Nagar, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Govt. of Bihar, Patna.
2. The District Magistrate, Samastipur.
3. The Senior Superintendent of Police, Samastipur.
4. The Deputy Collector, Land Reforms-Cum-Certificate Officer-Cum-
Confiscation Officer, Patori, District - Samastipur.
5. The S.H.O. Mohiuddin Nagar P.S., Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Respondent/s : Mr. Kumar Manish, SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 10-05-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner seeks release of his 'Passion Pro'
motorcycle seized in connection with M. Nagar P.S. Case No.
84 of 2022 on 25.04.2022, for alleged offence under Section
30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter
referred to as the 'Act').
The prosecution alleges recovery of five (5) litres
country made liquor from the vehicle in question.
Patna High Court CWJC No.2545 of 2023 dt.10-05-2023
The proposal for confiscation of the vehicle in-question
was sent by the Superintendent of Police, Samastipur on
05.06.2022 and confiscation proceedings initiated in
Confiscation (Excise) Case No. 14 of 2022.
Learned counsel for the petitioner submits that without
any notice to the petitioner, the Authorities have proceeded to
confiscate the vehicle and the same has also been auction sold.
Learned counsel for the State, on the other hand, submits
that in spite of service of notice, the petitioner did not appear
before the Sub-Divisional Officer, Patory in the confiscation
proceedings. The Court having regard to this issue regarding
disputed service of notice had asked the learned State counsel
to produce the records, copy of which has been produced in
today's proceedings. The copy of the peon register available in
the record, shows service of the notice upon the petitioner,
received by his mother on 10.07.2022. The counter affidavit also
contains copy of the notice, which was published in the daily
newspaper 'Danik Jagaran' on 23.11.2022 regarding auction of
confiscated vehicles, including the petitioner's motorcycle,
which is mentioned at serial No. 44 of the paper publication.
The petitioner has thus been given an opportunity to participate
in the auction.
Patna High Court CWJC No.2545 of 2023 dt.10-05-2023
This Court, therefore, on bare perusal of the records and
on going through the averments made in the counter affidavit is
satisfied that notice was issued to the petitioner and duly served.
The petitioner also had knowledge of auction of his motorcycle
from the paper publication. He, however has taken no steps to
participate in the confiscation proceedings or the auction
proceedings. The motorcycle has, thus, been auction sold on
06.01.2023 for a consideration of Rs. 61,700/- to a third party.
Facts being so, there is no occasion for this Court to
exercise extraordinary discretionary jurisdiction under Article
226 of the Constitution of India.
Accordingly, the writ application stands dismissed.
(K. Vinod Chandran, CJ)
(Madhuresh Prasad, J)
rajkishore/-
AFR/NAFR N/A
CAV DATE N/A
Uploading Date 16.05.2023.
Transmission Date N/A
