Mithun Kumar Tanti vs The State Of Bihar
2023 Latest Caselaw 2462 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7386 of 2023
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Mithun Kumar Tanti, S/o Ashok Tanti, Resident of Village-Bishanpur Ahok, Ward No.-17, P.S.-Sahebpur Kamal, District-Begusarai.

... ... Petitioner/s Versus

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

2. The District Magistrate, Begusrai

3. The Superintendent of Excise, Begusarai.

4. The Superintendent of Police, Begusarai.

5. The Officer in Charge, Muffasil P.S., District-Begusarai.

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

For the Petitioner/s : Mr.Arjun Prasad, Advocate Mr. Ajay Kumar Sinha, Advocate 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 : 17-05-2023

Let the Deputy Collector Land Reforms, Begusarai be

impleaded as Respondent No. 6 in the present petition. Registry

to make necessary correction in the memo of parties.

Petitioner is concerned with his vehicle (Bolero Pick-

up Van) bearing Registration No. BR11GC-7796, Chassis No.

MA1ZN2TBKK1K77667, Engine No. TBK1K83359 which was

seized on 17.10.2022 for the reason of recovery of 1228.600

litres foreign liquor for which Begusarai Muffasil P.S. Case No.

546/2022 was registered. Learned counsel for the State submits Patna High Court CWJC No.7386 of 2023 dt.17-05-2023

that Confiscation Case No. 5 of 2023 is pending before the

Deputy Collector Land Reforms, Begusarai.

The petitioner hence could approach the Confiscating

Authority to conclude the proceedings or even file an

application under Rule 12A of the Bihar Prohibition & Excise

(Amendment) Rules, 2022. If the Confiscating Authority

exercising discretion finds that the vehicle can be released on

payment of penalty, then necessarily an intimation shall be

given to the petitioner who shall pay the penalty upon which the

vehicle shall also stand released immediately. The entire

proceedings shall be completed at any rate within a period of

two months from the date of production of the certified copy of

this judgment before the concerned authority.

The writ petition stands disposed of.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 19.05.2023 Transmission Date