Monu Kumar Tirkey vs The State Of Bihar
2023 Latest Caselaw 2369 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6865 of 2023
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Monu Kumar Tirkey S/o Raju Tirkey R/o Village-Eragu Toli Sukhdeo Nagar, P.S. and District-Ranchi (Jharkhand)

... ... Petitioner/s Versus

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

2. The District Magistrae, Gaya.

3. The Superintendent of Excise, Gaya.

4. The Superintendent of Police, Gaya.

5. The Officer In Charge, Rampur P.S. District-Gaya.

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== 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 respondents.

2. The petitioner is concerned with the release of his

vehicle (Bolero Pick-up Van) bearing Registration No

JH01ET3219, Engine No TNN4E89060, Chassis No

MA1ZN2TNKN6E29477, which was seized under the Bihar

Prohibition and Excise Act, 2016 and an FIR, being Rampur

Police Station Case No. 609 of 2022 was registered on

18.11.2022.

Patna High Court CWJC No.6865 of 2023 dt.12-05-2023

3. Petitioner apprehends confiscation of vehicle and is

ready to take his remedy under Rule- 12A of the Bihar

Prohibition and Excise Rules, 2021.

4. Learned Government Advocate submits that the vehicle

was subjected to confiscation on 06.05.2023 vide Confiscation

Case No. 860 of 2022 which is pending before the Assistant

Commissioner Excise, Gaya.

5. We see that quantity of 449.25 litres of illicit foreign

liquor was seized from the vehicle.

6. We are not inclined to invoke the extraordinary remedy

under Article 226 of the Constitution of India especially when

the confiscation proceedings are pending before the authority

and the remedy of appeal and revision are available to the

petitioner.

7. In such circumstance, we direct the confiscating

authority to proceed with and conclude the confiscation

proceedings either confiscating the vehicle or releasing it within

a period of 3 months.

8. The petitioner shall appear before the confiscating

authority on 19.05.2023 upon which the confiscating authority

or his office will give notice of hearing with acknowledgment

and finish the proceedings as indicated hereinabove.

Patna High Court CWJC No.6865 of 2023 dt.12-05-2023

9. It is made clear that the petitioner would also be

entitled to avail the remedy under Section 12A of the Bihar

Prohibition and Excise Rules, 2021.

10. Though the Assistant Commissioner Excise, Gaya is

not a party in the above proceedings, the order passed herein

shall be complied with.

11. Writ petition is disposed of.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J)

Raj kishore/ Shyam Bihari/-

AFR/NAFR
CAV DATE
Uploading Date          16.05.2023.
Transmission Date