Rahul Kumar vs The State Of Bihar
2023 Latest Caselaw 2265 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6488 of 2023
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Rahul Kumar S/o Shri Krishna Bihari Upadhyay Resident of Mohhalla- Krishna Nagar, P.S. Hatiya, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna.

2. The Principal Secretary, Department of Excise Bihar, Patna.

3. The District Collector, Aurangabad, District- Aurangabad.

4. The Superintendent of Police, Aurangabad, District- Aurangabad.

5. The S.H.O. Amba Police Station, Aurangabad, District- Aurangabad.

... ... Respondent/s

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

For the Petitioner/s : Ms.Nitu Kumari

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 : 10-05-2023

The petitioner is concerned with his vehicle, which was

seized on 14.06.2022. An F.I.R being Amba PS Case No. 120 of

2022, was registered on the recovery of 2.250 litres of liquor Patna High Court CWJC No.6488 of 2023 dt.10-05-2023

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

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, bearing

Registration No. JH01DY-0712, Chassis No.

MDHFBACD0L7413442, Engine No. YC112112268R, 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.

Patna High Court CWJC No.6488 of 2023 dt.10-05-2023

5 The writ application is accordingly, disposed of.

(K. Vinod Chandran, CJ)

M.E.H/uttam/- ( Madhuresh Prasad, J) AFR/NAFR CAV DATE Uploading Date Transmission Date