Santosh Singh Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

Santosh Singh Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief on the writ: the petition was disposed of as premature, with directions that the concerned authority decide a Rule 12 A application within two weeks of receipt, and that the Excise Commissioner decide any Section 92 appeal within three months of receipt of the order without insisting on delay.

Issue for consideration

Whether the petitioner is entitled to release of the seized motorcycle (registration no. BR22AZ-8719, Hero Honda Shine) by way of writ, notwithstanding the availability of statutory remedy under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 (with amended Rules 2022 and 2023) and appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.

Court's answer

The writ petition is premature because the petitioner has a statutory remedy under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with the amended Rules 2022 and 2023, and, on the confiscation having attained finality, a further remedy of appeal before the Excise Commissioner under Section 92 of the Bihar Prohibition and Excise Act, 2016.

Ratio / Principle

If the petitioner invokes the remedy under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 (with amended Rules 2022 and 2023) in the prescribed format, the concerned authority is directed to decide the petitioner's application within two weeks from the date of receipt of such application.

Key takeaways

In the alternative, the petitioner may file a memorandum of appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the Excise Commissioner, who is requested to decide such appeal within three months from the date of receipt of the order, while not insisting on any question of delay.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (P. B. Bajanthri, J., for the Bench comprising Alok Kumar Pandey, J.) disposed of as premature a Civil Writ Jurisdiction Case (No.4968 of 2024, decided 21-03-2024) in which the petitioner sought release of his motorcycle (BR22AZ-8719, Hero Honda Shine) seized by the Bihar police in connection with Dhangai P.S. Case No. 97 of 2023 dated 3.10.2023 under section 30(a) of the Bihar Excise Prohibition Amendment Act 2018, confiscation proceedings having meanwhile attained finality. The Court held that statutory remedies must first be exhausted: an application under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with the amended Rules 2022 and 2023, which the concerned authority must decide within two weeks of receipt; or, in the alternative, an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the Excise Commissioner, to be decided within three months of receipt of the order without insisting on delay.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4968 of 2024

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Santosh Singh Son of - Gorakh Singh, Resident of Village - ward no. 3, Bhawani pur Babu Tola, P.S. - Bhawanipur District - West Champaran. (BIHAR)

... ... Petitioner/s

Versus

The State Of Bihar Through the Commissioner, Excise, Govt. of Bihar, Patna.

The collector District Bhojpur at Ara.

The Superintendent of Police, Bhojpur, District- Bhojpur.

The Excise Inspector, Prohibition Ara.

The officer in charge Dhangai police station District Bhojpur at Ara.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Shiv Prasad Gupta For the Respondent/s : Mr.Standing Counsel (28)

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 21-03-2024

In the instant petition, petitioner has prayed for the following relief:-

(i) To issuance of appropriate / writ / writs / direction/Directions for release of the motorcycle registration no. BR22AZ-8719 Hero Honda Shine Engine No. JC83EG3324700 Chasis No. ME4JC83EJNJ101662 seized by the Bihar police in connection with Dhangai P.s Case No. 97 of 2023 dated 3.10.2023 registered under section 30 (a) Bihar Excise Prohibition Amendment Act 2018.

(ii) For issuance of appropriate writ/ writs/ Direction/ Directions for release of vehicle in question in favour of the petitioner on Adequate surety on the terms and conditions as laid down by

Patna High Court CWJC No.4968 of 2024 dt.21-03-2024 2/3

this Hon'ble Court.

(iii) For any other relief / reliefs to which the petitioner may be found entitled in the facts and circumstances of the case.

The present petition is premature since petitioner

has statutory remedy under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023. At the same time, during the pendency of the present petition confiscation proceedings is stated to have attained finality even on this issue petitioner has statutory remedy of appeal before the Excise Commissioner under Section 92 of the Bihar Prohibition and Excise Act, 2016. If the petitioner invokes the remedy under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended Rules 2022 and 2023 in the prescribed format, the concerned authority is hereby directed to decide the petitioner’s application within a period of two weeks from the date of receipt of such application. In the alternative, petitioner has remedy of appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 against the confiscation proceedings. Even if such a memorandum of appeal is filed before the Excise Commissioner, the Excise Commissioner is requested to decide the petitioner’s appeal to be filed under

Patna High Court CWJC No.4968 of 2024 dt.21-03-2024 3/3

section 92 of the Bihar Prohibition and Excise Act, 2016 be decided within a period of three months from the date of

receipt of this Order, while not insisting delay issue if any.

With the above observations, petition disposed

of as premature.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

vashudha/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	01.04.2024
Transmission Date	NA