The High Court dismissed a writ petition regarding the confiscation of the petitioner's motorcycle and liquor recovery under the Bihar Excise Act, holding the matter was concluded following failure to avail statutory remedies.
Dismissal of the writ petition, with no further relief granted to the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 2731 of 2023
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Sudhanshu Kumar @ Moti Son of Late Ramlalit Singh, Resident of VillageSundarpur, P.S.- Piar (Hatha O.P.), District- Muzaffarpur.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Ajay Kumar Tiwary, Advocate For the Respondent/s : Mr Kumar Manish, SC V ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 11-04-2023
Heard learned counsel for the petitioner and the respondents.
The petitioner is aggrieved with the confiscation of his TVS Apache motorcycle bearing registration No BR33AJ - 4384, as per Annexure 1 of this writ petition. The petitioner’s vehicle was seized with total recovery of 17.280 liters of liquor. The police seized the vehicle and registered Piar (Hatha OP) Police Station Case No 148 of 2021 under the provisions of Sections 272, 273 of Indian Penal Code and Section 30 (a) of Bihar Excise and Prohibition Act, 2016. The petitioner submits
Patna High Court CWJC No.2731 of 2023(3) dt.11-04-2023 2/2
that he has not been given notice at all. However, learned State Counsel, across the Bar, has shown an order dated 07.02.2022 which indicates that the petitioner had appeared before the Authority during the confiscation proceeding. The petitioner had a remedy under Rule 12 (A) of the Bihar Prohibition and Excise Rules, 2021 which he has not availed because the vehicle has been auction sold. There is nothing that could be done at this point of time and the fait accompli stares at the face of the petitioner.
This writ petition is dismissed.
(K Vinod Chandran, CJ)
(Madhuresh Prasad, J)
M.E.H. /-
U
1 issue framed by the court
Whether the petitioner's grievance regarding the confiscation of his vehicle and liquor recovery constituted a maintainable writ petition.
2 provisions across 2 enactments
Sudhanshu Kumar @ Moti
State of Bihar
Chief Justice of India
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
