Petitioner sought return of seized wine held by Andar Police Station, claiming it was stolen from his licensed wine shop and identifiable by QR code. Court found no proof of ownership or purchase of QR-coded wine; wine is a prohibited commodity in Bihar with no provision for release to owners. Writ petition dismissed in limine.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1988 of 2023
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Satish Kumar Singh, Son of Late Ravi Pratap Singh, Resident of VillageBhartolia Ward P.S.-Lar, District-Deowaria.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar ( SC-11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-04-2023
The petitioner is before us seeking return of the wine seized by the Police within the State of Bihar.
The contention raised by the petitioner is that he is a license holder as per Annexure-1 and the aforesaid contraband was stolen from his Wine Shop, for which an FIR has been registered which is produced as Annexure-2.
The mere assertion made by the petitioner in the writ petition is that the seized wine in the custody of Andar Police Station within the District of Siwan, in connection with Andar P.S.
Patna High Court CWJC No.1988 of 2023 dt.04-04-2023 2/2
Case No. 68/2022 dated 02.04.2022, can be identified from the QR code inserted on the wine cart, as that stolen from his shop.
However, there is nothing produced before us to show the purchase having been made of wine with the QR code, which the petitioner asserts is available on the wine cart. In any event, the wine seized being a prohibited commodity within the State of Bihar and there being no provision for release of the contraband to the owner as such and also in the context of the ownership not having been proved before us, nor even a prima facie case put forth, we are of the opinion that the writ petition cannot be entertained.
The writ petition stands dismissed in limine .
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
sharun/-
| AFR/NAFR | NAFR |
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| Uploading Date | 18.04.2023 |
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1 issue framed by the court
Whether a writ petition seeking return of seized wine, allegedly stolen from the petitioner's licensed wine shop, could be entertained.
Satish Kumar Singh
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna
The District Magistrate, Siwan
The Officers Incharge, P.S.-Aandar, District-Siwan
K. Vinod Chandran
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
