Awadhlal Yadav vs The State Of Bihar
2024 Latest Caselaw 143 Patna

Patna High Court

Awadhlal Yadav vs The State Of Bihar on 8 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.16861 of 2023
     ======================================================
     Awadhlal Yadav Son of Raghunath Yadav, Vill and P.S- Kuchaikote, District-
     Gopalganj.`                                             ... ... Petitioner/s
                                      Versus
1.    The State of Bihar through Principal Secretary, Excise Department,
      Government of Bihar, Patna.
2.   The District Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.    The Station House Officer, Phulwariya, Distt.- Gopalganj.
                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sushil Kumar, Advocate
     For the Respondent/s   :      Mr. Vikash Kumar, (SC-11)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE RAMESH CHAND
     MALVIYA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 08-01-2024
              In the instant petition, petitioner has prayed for the

     following relief;-

                                            That this writ petition is being
                                filed for issuance of a direction/order or
                                an appropriate writ for directing the
                                respondent authorities to release of the
                                white colour supro Maxi truck- T2 dala
                                body vide Reg. no.- BR28GA0431 of the
                                petitioner which has been seized at
                                villahe      siswa      tinmuhani,       Ps-
                                Vishambhar, Distt. Gopalganj in
                                Vishambhar PS Case No. 54/2023
                                allegation under section 30 (a) of Bihar
                                Prohibition Excise Act, 2018 for
                                recovery = Total 135litre bonty babli
                                country made liquor.
                     2. During the pendency of the present petition on

     07.08.2023

, the confiscating authority concluded the confiscation Patna High Court CWJC No.16861 of 2023 dt.08-01-2024

proceedings and order for confiscating the subject matter of Motor

Vehicle Bearing No. BR28GA0431 (Supro Maxi Truck- T2) which

was seized in connection with the alleged offences under the

Excise Act in P.S. Case No. 54/2023 dated 03.04.2023.

3. The petitioner has a remedy of appeal before the

appellate authority under Section 92 of Bihar Prohibition and

Excise Act, 2016. He has to exhaust such remedy. Therefore, the

present petition stands disposed of reserving liberty to the

petitioner to invoke remedy of appeal under Section 92 of Bihar

Prohibition and Excise Act, 2016. The Appellate Authority is

hereby directed to decide the Appeal within a period of three

months from the date of receipt of the petitioner's Appeal. In the

meanwhile, if the subject matter of motor vehicle is not auctioned

as on today, the same shall not be undertaken till disposal of

appeal to be filed by the petitioner.

4. With the above observations, the present writ petition

stands disposed of.

                                                (P. B. Bajanthri, J)


jyoti/-                                   ( Ramesh Chand Malviya, J)
AFR/NAFR              NAFR
CAV DATE              N/A
Uploading Date
Transmission Date     N/A