The Patna High Court disposed of a petition seeking release of seized liquor as a temporary vehicle. The court held the writ was premature due to the absence of a demand notice under Rule 12A of the Bihar Prohibition and Excise Rules and disposed of the matter.
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.1627 of 2024
======================================================
Sunil Kumar Kushwaha Son of Bidya Bhagat Resident of Village Batardeh Barauli Police Station-Kuchaikote, District-Gopalganj.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate For the Respondent/s : Mr.Addl. Advocate General 12
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
3 22-02-2024 In the instant petition, petitioner has prayed for the
following relief:-
For issuance of a writ in the nature of mandamus or any other appropriate writ or writs directing the respondents to release the Tata Magic Pick-Up vehicle of the petitioner, bearing registration No. BR28GA-3820, Engine No. 275IDI07NRYSH7622, Chassis No. MAT445553JVN74107 belongs to the petitioner, which has been seized in Mairwa Police Station Case No. 197 of 2023 registered for the offence
Patna High Court CWJC No.1627 of 2024(3) dt.22-02-2024 2/3
under section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 319.680 litres Indian made foreign liquor for which neither the notice has been issued for initiation of confiscation proceeding nor confiscation proceeding has been initiated till date so far the best of knowledge of the petitioner.
Patna High Court CWJC No.1627 of 2024(3) dt.22-02-2024 3/3
period of two weeks from the date of such application.
No. 1627 of 2024 stands disposed of.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
asmit/-
U
1 issue framed by the court
Whether the present writ petition for mandamus is maintainable or premature in the absence of a demand notice under Rule 12A before initiating confiscation proceedings.
2 provisions across 2 enactments
Sunil Kumar Kushwaha
The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna
The Executive Commissioner, Bihar, Patna
The District Magistrate, Siwan
The Superintendent of Police, Siwan
The Superintendent of Excise, Siwan
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
