Madhu Kumari vs The State Of Bihar
2023 Latest Caselaw 2464 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.6889 of 2023
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Madhu Kumari, Daughter of Sant Lal Santoshi, Wife of Anand Kumar Resident of Mohalla -Pandit Nagar, Near Railway Station, Post- Biharsarif Police Station - Bihar Sarif, District - Nalanda.at present Resident- K.D Enclave Near Pinto Park Tiraha DD Nagar, ASF Maharajpura Gwalior (Madhya Pradesh) ... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Excise and Registration, Bihar, Patna.

2. The Additional Secretary cum Revisional Authority, Department of Excise and Registration, Bihar, Patna.

3. The Excise Commissioner cum Appellate Authority, Department of Excise and Registration, Bihar Patna.

4. The District Magistrate cum Confiscation Officer, Nalanda.

5. The Sub- Divisional Magistrate, Biharsarif, Nalanda.

6. The Superintendent of Police, Nalanda.

7. The S.H.O, Rahui P.S, District- Nalanda.

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

For the Petitioner/s : Mr. Surya Narayan Yadav, 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 MR. JUSTICE MADHURESH PRASAD)

Date : 17-05-2023

1. The petitioner is aggrieved by confiscation of her

immovable property being 2 shop rooms and under construction

rooms which was sealed in connection with Rahui

(Bhaganbigha) P.S. Case No. 289 of 2021 dated 13.06.2021 on

alleged recovery of 250 litres of illicit liquor.

2. It is submitted by learned counsel for the petitioner

that the petitioner was residing with her husband, who is

employed in Air Force, at Gwalior and she has no concern with

the recovered liquor.

3. The admitted position is that the property has been Patna High Court CWJC No.6889 of 2023 dt.17-05-2023

confiscated by order of the Sub-Divisional Magistrate, Bihar

Sharif, in Confiscation Excise Case No. 330 of 2021 on

08.02.2022. The order of confiscation has unsuccessfully been

challenged in Excise Appeal No. 343 of 2022 and Excise

Revision Case No. 210 of 2022 and orders have been passed on

03.06.2022 and 21.10.2022, respectively.

4. In view of the large quantity of liquor recovered

from the premises in question and order of confiscation

attaining finality up to the revisional court, this court, in the

absence of any procedural irregularity having been asserted by

learned counsel for the petitioner, finds no reason to interfere

with the orders in exercise of extraordinary discretionary writ

jurisdiction.

5. Petitioner, however, will be at liberty to avail

remedy of release of the house in terms of Rule 12B of the

Bihar Prohibition and Excise Rules, 2016.

6. Writ application is dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.05.2023
Transmission Date       NA