Prakash Ray vs The State Of Bihar
2024 Latest Caselaw 5216 Patna

Patna High Court

Prakash Ray vs The State Of Bihar on 5 August, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1920 of 2022
     ======================================================
     Prakash Ray S/o Dina Nath Ray Resident of Vilalge-Terashiya, P.O. Ratnakar,
     P.S. Ganga Bridge, District-Vaishali.

                                                                   ... ... Petitioner/s


                                          Versus

1.   The State of Bihar through the Principal Secretary, Excise Department,
     Government of Bihar, Patna
2.   The Principal Secretary, Excise Department, Government of Bihar, Patna
3.   The District Magistrate-Cum-Collector, Saran.
4.   The Officer-in-Charge (S.H.O.), Amnour Police Station, Saran.


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr.Ankit Katriar, Advocate
     For the Respondent/s     :       Mr.Vivek Prasad (GP7)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 05-08-2024

In the instant petition, petitioner has prayed

for following relief(s):-

"That this is an application praying for issuance of a writ in the nature of a writ of mandamus or any other appropriate writ / order / direction to the respondent authorities to release the pickup van of the petitioner, bearing Registration No. BR 31GB 2588 Patna High Court CWJC No.1920 of 2022 dt.05-08-2024

which has been seized by the police in connection with Amnour P.S. Case No. 260 / 2022 for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016."

2. From the perusal of record, it is evident

that Amnour P.S. Case No. 260 of 2020 was registered for

the offences under Section 30(a) of Bihar Prohibition and

Excise Act, 2016, subject matter of vehicle bearing

Registration No. BR 31GB 2588 has been seized. There is

no finality in the confiscation proceeding even after lapse of

about four years. Therefore, the concerned authority is

hereby directed to pass a detailed speaking order on an

application by the petitioner under Rule of 12A of the Bihar

Prohibition and Excise Rules, 2021 read with amended sub

Rule 2 of Rule 12A in the year 2022 and 2023. If the

respondent fails to pass order on petitioner's application to

be filed under Rule 12A within a period of two weeks from

the date of receipt of petitioner's application, in that event,

the concerned respondent District Collector or the

Superintendent of Excise are liable to pay cost of Rs.

10,000/- to the petitioner from their pocket and not from the Patna High Court CWJC No.1920 of 2022 dt.05-08-2024

Department / Government.

3. With the above observation, the present

C.W.J.C. No. 1920 of 2022 stands disposed.

(P. B. Bajanthri, J)

(Alok Kumar Pandey, J) alok/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          08.08.2024.
Transmission Date       N/A