Hari Shankar Singh vs The State Of Bihar
2023 Latest Caselaw 2268 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4973 of 2023
     ======================================================

Hari Shankar Singh S/o Late Chandra Deep Singh R/o Village-Aku Chak, P.O.-Rajdhani, P.S.-Taraiya, District-Saran, Pin-841424.

... ... Petitioner/s

Versus

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

of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Saran.

3. The Superintendent of Police, Saran.

4. The Sub Divisional Officer, Marhowrah, Saran.

5. The S.H.O. Mashrak Police Station, Saran.

... ... Respondent/s

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

For the Petitioner/s : Mr.Ravi Prakash

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 : 10-05-2023

The petitioner is concerned with his vehicle, which was

seized on 23-01-2023. An F.I.R being Mashrak PS Case No. 32

of 2023, was registered on the recovery of 1.8 litres of liquor

from the vehicle in-question.

Patna High Court CWJC No.4973 of 2023 dt.10-05-2023

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. BR31N/8477, Chassis No.

MA3EHKD1S00732595, Engine No. K12MN1458208 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.4973 of 2023 dt.10-05-2023

5 The writ application is accordingly, disposed of.

(K. Vinod Chandran, CJ)

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

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          12.05.2023
Transmission Date       N/A