Disposed

Saroj Devi @ Saroj Yadav v. The State of Bihar

Patna HC25 Apr 2023CWJC/2307/2023

Case brief

AI extract

What is this about?

In a writ petition concerning the seizure of a vehicle for possession of country-made liquor, the High Court directed the petitioner to appear before the District Magistrate to seek conclusion of confiscation proceedings or release of the vehicle under Rule 12A.

What did the court decide?

Petitioner directed to appear before the District Magistrate to seek conclusion of confiscation proceedings or release of vehicle under Rule 12A.

Saroj Devi @ Saroj Yadav 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.2307 of 2023

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Saroj Devi @ Saroj Yadav W/o Anil Kumar Yadav, Resident of Village-

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Ahiyapur (Ratnpura), P.S.- Gopalpur, District- Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

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The Commissioner Excise, Government of Bihar, Patna.

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The Collector cum District Magistrate, Gopalganj.

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The Superintendent of Police, Gopalganj.

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The Officer In-Charge, Excise P.S., District- Gopalganj.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Uday Pratap Singh, Adv. For the Respondent/s : Mr.Vivek Prasad (GP7)

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======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 25-04-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The writ petition arises under the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’). The petitioner is concerned with his vehicle (Hero Splendor Plus Motorcycle) bearing Registration No UP-57AS-3424, Engine

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Patna High Court CWJC No.2307 of 2023 dt.25-04-2023 2/3

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No. HA10AGKHC35037, Chassis no

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MBLHAW091KHC17355, which was seized pursuant to registration of First Informant Report (for brevity ‘FIR’) bearing Excise (Gopalganj) PS Case No. 365 of 2022, on detection of 8.800 liters of country made liquor in the vehicle.

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Confiscation proceeding is said to have not been concluded till date.

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In any event, since confiscation proceeding has been commenced, the petitioner is directed to appear before the District Magistrate, Gopalganj (Respondent No.3) on or before 15-05-2023. The petitioner can either seek for confiscation proceeding to be concluded or release of his vehicle under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (hereinafter referred to as ‘the Rules’).

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If the petitioner makes an application under Rule 12 A of the Rules and the Collector is of the opinion that vehicle can be released on payment of 50% of the insured value, then on payment of such penalty, the vehicle shall be released immediately. If otherwise, the petitioner contest the confiscation proceeding, the same shall be concluded within a period of two (02) months from the date of appearance after affording an opportunity of hearing to the petitioner.

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Patna High Court CWJC No.2307 of 2023 dt.25-04-2023 3/3

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The writ application stands disposed of with the aforesaid

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observation/directions..

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(K. Vinod Chandran, CJ)

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( Madhuresh Prasad, J)

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shyambihari/-

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AFR/NAFR CAV DATE Uploading Date 26-04-2023 Transmission Date

Saroj Devi @ Saroj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Saroj Devi @ Saroj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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