Sundari Devi vs The State Of Bihar
2023 Latest Caselaw 2396 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6933 of 2023
     ======================================================

Sundari Devi, Wife of Dinesh Paswan, Resident of Mohalla- Bharatpur Simli, Patna City, Police- Station- Chowk, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Excise Department, Government of Bihar, New Secretariat, Patna-1

2. The Commissioner of Excise, Government of Bihar, New Secretariat, Patna-

1.

3. The Collector cum District Magistrate, Patna.

4. The Senior Superintendent of Police, Patna.

5. The S.H.O., Gaurichak Police Station, Patna.

6. The Assistant Commissioner of Excise, Patna.

7. The Superintendent of Excise, Patna.

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

For the Petitioner/s : Mr.Vijay Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 15-05-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

2. The writ petition arises under the provision of

Bihar Prohibition and Excise Act, 2016 (hereinafter referred to

as the 'Act'). The petitioner's vehicle i.e. Hero Honda Glamour

motorcycle bearing Registration No. BR 01FE8481, Chassis No.

MBLJAW155LGG06424, Engine No. JA07ACLGG06472 was Patna High Court CWJC No.6933 of 2023 dt.15-05-2023

detained on recovery of 80 litres of country made liquor, in

connection with Gauri Chak P. S case No. 588 of 2022 dated

04.09.2022, for the offence under Sections 30(a)/36 the Act.

3. Petitioner is the bona fide owner of the vehicle

in-question.

4. The learned counsel for the State submits that

confiscation proceeding in Confiscation Case No. 949 of 2023

has been concluded and hands over a copy of the order of the

confiscation proceeding to the learned counsel for the petitioner.

5. In such circumstances, it is for the petitioner to

avail the appellate remedy, as copy of the confiscation order has

been duly served on the learned counsel for the petitioner, or

seek for release of the vehicle, on payment of 50% of the

insured value, as has been provided under Rule- 12A of the

Bihar Prohibition & Excise Rules.

6. If an application under Rule-12A is filed, the

Confiscating Authority i.e. the Collector-cum-District

Magistrate, Patna (Respondent No. 3), would decide whether in

public interest it would be expedient to release the vehicle. If it

is decided that the vehicle be released, then the Collector-cum-

District Magistrate, Patna (Respondent No. 3) shall determine

the insured value of the vehicle in-question and release the same Patna High Court CWJC No.6933 of 2023 dt.15-05-2023

on deposit of the penalty amount; which exercise shall be

concluded, at any rate, within a period of one month from the

date of receipt of a certified copy of this judgment.

7. Writ petition stands disposed of.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Sujit/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          18.05.2023
Transmission Date