Guddi Devi vs The State Of Bihar
2023 Latest Caselaw 2357 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.7037 of 2023
     ======================================================

Guddi Devi Wife of Vinay Singh, Resident of Village-Bishunpur Piprahai,

P.O.-Bhatha, Sonaho, P.S.-Amnour, District-Saran.

... ... Petitioner/s Versus

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

Bihar, Patna.

2. The District Magistrate, Saran (Chapra).

3. The District Superintendent of Police, Saran (Chapra).

4. The Station House Officer, P.S.-Bheldi, District-Saran.

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv.

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 : 12-05-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner is concerned with his vehicle

(MAHINDRA & MAHINDRA LIMITED/ BOLERO PIK-UP

FB PS 1.3T) bearing Registration No. BR01GL9475, Chassis

No. MA1ZN2TNKM1M83908, Engine No. TNM1M94254.

The vehicle was intercepted and detained on recovery of

1174.680 litres of IMFL. An F.I.R. was registered as Bheldi Patna High Court CWJC No.7037 of 2023 dt.12-05-2023

P.S. Case No. 52 of 2023 on 21.02.2023. In fact, there were

three vehicles intercepted together and a total of 4520 litres of

illicit liquor was recovered.

Learned Government Advocate submits that

confiscation case No. 107/2023 has been initiated and it is

pending before Deputy Collector Land Reforms, Marhowrah.

In such circumstances, the petitioner will have to appear

before Deputy Collector Land Reforms, Marhowrah who is

suo motu impleaded as the additional 5th respondent herein. If

the petitioner so desires, he can file an application under Rule

12A of the Bihar Prohibition and Excise Rules, 2021 upon

which, the Authority would have to necessarily examine,

whether the release would jeopardize public interest or not,

as has been provided under the Rule. If he finds that, it would

not, then the determination of the insured value of the vehicle

shall be carried out and the penalty shall be directed to be

paid. If the vehicle is found to be enabled for release and the

penalty is paid, then the release shall be made as expeditiously

as possible.

We make it very clear that we have not made any

observation on merits and it is for the Deputy Collector, 5 th

respondent, to consider the issue exercising the discretion Patna High Court CWJC No.7037 of 2023 dt.12-05-2023

conferred judiciously.

The writ application is disposed of with the aforesaid

observations/directions.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) Raj kishore/ Shyam Bihari/--

AFR/NAFR
CAV DATE
Uploading Date          18 -05-2023
Transmission Date