The Patna High Court disposed of a writ petition where the petitioner sought relief because a criminal case was instituted without the house being seized. The court held that without seizure, there is no cause of action to contest the matter at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3917 of 2019
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Kamlesh Thakur (Male) aged about 54 years, Son of Late Bhola Thakur, Resident of Village-Baheri, West Police Station-Baheri, District-Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramashankar Singh For the Respondent/s : Mr. Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 07-03-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Learned counsel for the petitioner submits that although the Baheri P.S. Case No. 135 of 2018 has been instituted for allegedly violating the provisions of the Bihar Prohibition and Excise Act, 2016 on the alleged recovery of liquor from the house of the petitioner but the fact is that the house has neither been confiscated nor put under seal. However, he submits that the institution of the criminal case has led to the
Patna High Court CWJC No.3917 of 2019 dt.07-03-2019 2/2
confiscation proceeding bearing Confiscation Proceeding No. 216 of 2018.
In our opinion, if the house of the petitioner from where the recovery of liquor has allegedly been made, has not been put under seizure, he does not have a cause of action at this stage. The petitioner nonetheless would be at liberty to raise all issues as raised herein to contest the confiscation case before the prescribed authority.
With the observation above, the writ application
is disposed of.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Shailendra/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 13.03.2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether a cause of action exists for a writ petition when the house where liquor was allegedly recovered has not been put under seal or confiscated.
Kamlesh Thakur
The State of Bihar through its Principal Secretary, Excise Department at Patna
The District Magistrate, Darbhanga
The Senior Superintendent of Police, Darbhanga
The Officer in Charge, Baheri Police Station
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
