This order in a property release writ petition directed the authority to consider releasing the petitioner's seized vehicle upon penalty payment under specific rules and complete proceedings within two months.
Direct respondent to consider releasing seized vehicle on penalty payment under Rule 12A and complete proceedings within two months.
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.2140 of 2023
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Deepak Kumar Mahto, S/o- Devendra Kumar Mahto, Resident of ward no. 02, Nande Nagar, Kachhu, P.O.- Tamoria, P.S- Lakhanaur, Dist- Madhubani.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bijay Shankar Choubey, Advocate For the Respondent/s : Mr. Kumar Manish (SC-5)
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-04-2023
Petitioner is concerned with one vehicle (Van) bearing Registration No. BR06GC8644, which was seized along with two other vehicles and an F.I.R. registered as Lakhanaur P.S. Case No. 139 of 2022 dated 14.07.2022. From the petitioner’s vehicle 8.64 litres liquor was recovered. The confiscation proceedings are not yet over. The petitioner hence could approach the District Magistrate-cum-Collector, Madhubani to conclude the proceedings or even file an
Patna High Court CWJC No.2140 of 2023 dt.24-04-2023 2/2
application under Rule 12A of the Bihar Prohibition & Excise (Amendment) Rules, 2022. If the Collector exercising discretion finds that the vehicle can be released on payment of penalty, then necessarily an intimation shall be given to the petitioner who shall pay the penalty upon which the vehicle shall also stand released immediately. The entire proceedings shall be completed at any rate within a period of two months from the date of production of the certified copy of this judgment before the concerned authority.
The writ petition stands disposed of.
(K. Vinod Chandran, CJ)
| Anushka/PKP | (Madhuresh Prasad, J) | |
|---|---|---|
| AFR/NAFR | ||
| CAV DATE | ||
| Uploading Date | 27.04.2023 | |
| Transmission Date |
Anushka/PKP
2 issues framed by the court
Whether the petitioner's vehicle seized during liquor confiscation proceedings can be released upon payment of penalty.
Whether the authority is directed to complete confiscation proceedings within two months of the judgment.
1 provisions across 1 enactments
Deepak Kumar Mahto
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar
The Principal Secretary Registration, Excise and Prohibition Department, Government of Bihar
The District Magistrate-cum-Collector, Madhubani
The Superintendent of Excise, Rohtas, District- Madhubani
The Superintendent of Police, Madhubani
K. Vinod Chandran
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
