Dismissed

Mohammad Alam v. The State of Bihar

Patna HC12 Apr 2023CWJC/1601/2023

Case brief

AI extract

What is this about?

This is a writ petition filed against the seizure of the petitioner's truck allegedly carrying liquor under the Bihar Prohibition and Excise Act. The state counsel informed that a confiscation order was passed and the petitioner should avail the appellate remedy. The court dismissed the petition, leaving the remedy of appeal open.

What did the court decide?

Dismissal of the writ petition with leave to file an appeal.

Mohammad Alam Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 1601 of 2023

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Mohammad Alam Son of Mustakim Resident of Village- Guladiya Kanhar Khera, P.S.- Bhojpur, District- Moradabad (U.P.).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The Collector-Cum- District Magistrate, East Champaran.

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The Superintendent of Police, East Champaran.

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The Superintendent of Excise, East Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr Abhishek Kumar, Advocate For the Respondent/s : Mr Kumar Manish, SC V ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR JUSTICE MADHURESH PRASAD

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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3 12-04-2023

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Heard learned counsel for the petitioner and the respondents.

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The petitioner is aggrieved with the seizure of his truck bearing Registration No. UP21CN4883 under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. The First Information Report being Chakia Police Station Case No 220 of 2022 was registered on 01.06.2022. The vehicle was alleged to have been carrying 2933.64 litres of liquor which was seized and detained along with the vehicle.

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Patna High Court CWJC No.1601 of 2023(3) dt.12-04-2023 2/2

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The learned counsel for the State informs us that the

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confiscation order has been passed on 26.12.2022.

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In such circumstances, it is for the petitioner to avail the appellate remedy as copy of the confiscation order has been duly served on the learned counsel for the petitioner, if still permissible.

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Writ petition is dismissed leaving open remedy of filing appeal.

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(K Vinod Chandran, CJ)

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(Madhuresh Prasad, J)

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M.E.H, uttam /-

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Mohammad Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohammad Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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