Disposed

Mr. Mukesh Kumar Singh v. The State of Bihar

Patna HC22 Jun 2023CWJC/5294/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking release of a seized auto rickshaw. It directed the petitioner to approach the District Collector under amended Rule 12A of the Bihar Prohibition and Excise Rules to seek vehicle release via penalty, limiting direct court release order.

What did the court decide?

Petitioner directed to approach District Collector under Rule 12A; Collector to pass order within three weeks of hearing.

Mr. Mukesh Kumar Singh 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.5294 of 2023

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Mr. Mukesh Kumar Singh, Son of Akhileshwar Prasad Singh, Resident of Village- Choti Marai, P.S.- Hajipur Town, Dist.- Vaishali.

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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 Bihar Prohibition and Excise Act, Govt. of Bihar, Patna.

The Collector-cum-District Magistrate, Vaishali at Hajipur.

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The Senior Superintendent of Police, Vaishali at Hajipur.

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The Inspector, Prohibition and Excise, Vaishali at Hajipur.

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The S.H.O., Excise Police Station-cum- Inspector, Prohibition & Excise, Vaishali at Hajipur.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar (SC-11)

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 22-06-2023

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The present petition has been filed for release of the vehicle (Auto Rickshaw) bearing registration no. BR-31PA5971, which was seized in connection with Vaishali Prohibition and Excise P.S. Case No. 446 of 2022 dated 30.12.2022. From the said vehicle, 50 litres of liquor is said to have been recovered. The FIR is produced as Annexure-2.

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We notice that Rule 12A of the Bihar Prohibition and Excise Rules, has been amended giving discretion to the District Collector to impose a minimum penalty of 10 per cent

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Patna High Court CWJC No.5294 of 2023 dt.22-06-2023 2/2

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of insured value for release of the vehicle, especially considering the non-involvement of the vehicle owner. As such, learned counsel for the petitioner submits that he would approach the District Collector under Rule 12A of the Rules, as amended on 31.05.2023.

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In such circumstances, we direct the petitioner to file an application within two weeks and the District Collector on receipt of the same, after hearing the petitioner, shall pass an order within three weeks therefrom.

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Writ petition stands disposed of.

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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P.K.P./Anushka

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AFR/NAFR
CAV DATE
Uploading Date	23.06.2023
Transmission Date

Mr. Mukesh Kumar Singh v. The State of Bihar

Case brief

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Mr. Mukesh Kumar Singh v. The State of Bihar

Case brief

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