Surendra Yadav vs The State Of Bihar
2023 Latest Caselaw 2484 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6902 of 2023
     ======================================================

Surendra Yadav, S/o Mishri Lal Yadav, R/o Village- Padma, Faudi Tol, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The District Supply Officer (Excise), Madhubani.

5. The S.H.O. Jaynagar, P.S.- Jaynagar, District- Madhubani.

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

For the Petitioner/s : Mr.Bimal Kumar For the Respondent/s : Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-05-2023

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. motorcycle bearing

Registration No. BR-32AF-5510 was detained on recovery of

243 litres of Nepali wine, in connection with Jaynagar P. S

case No. 426 of 2022 dated 06.11.2022. for the offence under

Sections 272, 273 and 414/34 of the IPC and Section 30(a) of Patna High Court CWJC No.6902 of 2023 dt.18-05-2023

the Bihar Prohibition and Excise (Amendment) Act, 2022.

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. 39 of 2023

has been initiated and the same is pending before the Sub

Divisional Magistrate, Jaynagar.

5. In such circumstances, the petitioner will have

to appear before the Sub Divisional Magistrate, Jaynagar, who

is suo motu impleaded as the additional 6th 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.

6. We make it very clear that we have not made

any observation on merits and it is for the Sub Divisional

Magistrate, Jaynagar, the 6th respondent, to consider the issue Patna High Court CWJC No.6902 of 2023 dt.18-05-2023

exercising the discretion conferred judiciously.

7. The writ petition is disposed of with the

aforesaid observations/directions.

                                               (K. Vinod Chandran, CJ)


                                                 ( Madhuresh Prasad, J)
aditya/sujit
AFR/NAFR                  NAFR
CAV DATE
Uploading Date            20.05.2023.
Transmission Date