Disposed

Naulesh Chaudhari @ Nawal Chaudhari v. The State of Bihar

Patna HC9 May 2023CWJC/3027/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition against the confiscation of a dwelling house for liquor seizure. It directed the petitioner to approach the Collector under Rule 12B of the Bihar Prohibition and Excise Rules, 2021, to seek release on penalty payment, considering economic status and quantum of intoxicants.

What did the court decide?

Petitioner directed to file an application before the Collector within two weeks for release of premises on payment of penalty.

Naulesh Chaudhari @ Nawal Chaudhari Vs The State of Bihar — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3027 of 2023

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Naulesh Chaudhari @ Nawal Chaudhari Son of Late Ram Kishun Chaudhari Resident of Village-Ekangardih, Police Station- Ekangarsarai, District -Nalanda.

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... ... Petitioner

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Versus

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

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The Additional Chief Secretary, Excise, Bihar, Patna.

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The Excise Commissioner, Bihar, Patna,

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The Collector-Cum-District Magistrate, Nalanda.

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The Additional Collector-Cum-Additional District Magistrate, Nalanda at Biharsharif.

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The Superintendent of Police, Nalanda.

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The Station House Officer, Ekangarsarai, District- Nalanda.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Respondent/s : Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 09-05-2023

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is aggrieved with the confiscation proceedings initiated and concluded against his property for reason of seizure of liquor. 15 litres country made liquor were recovered from the dwelling house of the petitioner. The seizure report shows the location of the premises from which the above

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Patna High Court CWJC No.3027 of 2023 dt.09-05-2023 2/3

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seizure was made. Confiscation proceedings were concluded by the Collector confiscating the property and the appeal against it remained unsuccessful and the revision filed also was rejected.

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There is no procedural irregularity pointed out by the learned counsel for the petitioner and in such circumstances, the only remedy available for the petitioner is to approach the Collector for release of the dwelling house on payment of penalty as has been prescribed under Rule 12B of the Bihar Prohibition and Excuse Rules, 2021. If such an application is filed, the Collector shall consider the same specifically taking into account the economic status of the individual, nature of involvement in the crime, location of the premises and more importantly, the quantum of the intoxicants recovered. These factors should be judiciously considered while determining the quantum of penalty to be imposed upon the petitioner. The petitioner shall file an application before the Collector within a period of two weeks from today upon which the Collector shall intimate a date of hearing and conclude the proceedings within a further period of one month from the date of hearing.

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We make it clear that we have not made any observations on the merits of the case. The petitioner would be entitled to challenge the order of the District Collector if he desires so. But

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Patna High Court CWJC No.3027 of 2023 dt.09-05-2023 3/3

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if the penalty is deposited, the premises shall be absolved from confiscation.

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Leaving the remedy open, the writ petition stands

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disposed off with the aforesaid observations and directions.

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(K. Vinod Chandran, CJ)

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( Madhuresh Prasad, J)

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Shyambihari/ Raj Kishore/-

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AFR/NAFR CAV DATE Uploading Date 11-05-2023 Transmission Date

Naulesh Chaudhari @ Nawal Chaudhari v. The State of Bihar

Case brief

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What did the court decide?

Naulesh Chaudhari @ Nawal Chaudhari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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