Disposed¶30

Md. Rasool v. The State of Bihar

Patna HC24 Apr 2025CWJC/5247/2025

Case brief

AI extract

What is this about?

Patna High Court writ petition disposed of as premature; excise vehicle confiscation/release case (Excise Case No. 94/2024-25; vehicle BR11GE-6341; Addl. Collector cum ADM Purnea order dated 23.08.2024 imposing Rs.3,14,000/- deposit (50% of insured amount) and Rs. 9420 penalty); petitioner Md. Rasool v. State of Bihar and others; non-exhaustion of statutory appellate remedy; relegation to Appellate Authority; appeal to be decided within two months of receipt; no statute or precedent cited in the judgment text.

What did the court decide?

Writ petition disposed of; petitioner relegated to the Appellate Authority, with the Appellate Authority requested to consider and decide any memorandum of appeal within two months of receipt. ¶30

Md. Rasool Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; petitioner relegated to the Appellate Authority, with the Appellate Authority requested to consider and decide any memorandum of appeal within two months of receipt.

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Issue for consideration

Whether the writ petition challenging the release order dated 23.08.2024 is maintainable when the petitioner has not exhausted the statutory remedy of appeal before the Appellate Authority against the confiscation order. +1 more

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Court's answer

Since the petitioner did not exhaust the statutory remedy of appeal before the Appellate Authority against the confiscation order, the present writ petition is prima facie premature.

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Ratio / Principle

In the result, the petitioner is relegated to the Appellate Authority.

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Key takeaways

If a memorandum of appeal is filed before the Appellate Authority, the Appellate Authority is requested to consider and decide the appeal within a period of two months from the date of receipt of such appeal.ratio¶28

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.5247 of 2025 (decided 24-04-2025; Bench: P. B. Bajanthri, J, author, with S. B. Pd. Singh, J). Md. Rasool sought quashing of the order dated 23.08.2024 passed by the Addl. Collector cum Addl. District Magistrate, Purnea in Excise Case No. 94/2024-25, which released vehicle No. BR11GE-6341 to him only on deposit of Rs.3,14,000/- (50% of the insured amount) and payment of Rs. 9420 as penalty, and further sought release of the vehicle on payment of the minimum penalty on the plea that he had no role in the alleged transportation of illicit liquor. Holding that the petitioner had approached the Court without exhausting the statutory remedy of appeal against the confiscation order, the Court found the writ petition prima facie premature, relegated the petitioner to the Appellate Authority, requested that any appeal filed be considered and decided within two months of receipt, and disposed of the writ petition.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5247 of 2025

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Md. Rasool, S/o Late Md. Wahid, resident of Village- Tamghatti, P.S. - Baushi, District- Araria.

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Prohibition Excise and Registration Department, Bihar.

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The Divisional Commissioner, Purnea Division, Purnea.

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The Collector cum District Magistrate, Purnea.

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The Addl. Collector Cum Addl. District Magistrate, Purnea.

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The Superintendent of Police, Purnea.

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The Asstt. Commission, Prohibition Excise, Purnea.

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The S.H.O., Maranga Police Station, Purnea.

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Jai Prakash Sharma, S/o Satya Narain Sharma, resident of village- Sadalpur Khurd, P.S. - Rautara, District - Katihar.

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... ... Respondents

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Appearance : For the Petitioner/s : Mr. Bhola Prasad, Advocate For the State : Mr. K.K. Singh, AC to G.P.22

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====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 24-04-2025

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

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(1.) That this is an application for issuance of an appropriate writ, order or direction, quashing the order dated 23.08.2024 passed by the learned Addl. Collector cum Addl. District

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Patna High Court CWJC No.5247 of 2025 dt.24-04-2025 2/3

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Magistrate, Purnea in Excise Case No. 94/2024-25 whereby the Addl. Collector while releasing the vehicle bearing No. BR11GE-6341 in favour of the petitioner directed him to deposite a sum of Rs.3,14,000/- (50% of insured amount) and Rs. 9420 as penalty for release of vehicle.

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And further direct the Respondentconcern to release the vehicle in favour of the petitioner after receiving the minimum amount of penalty considering the fact that petitioner has no role to play in the alleged transportation of illicit liquor.

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And for any other relief(s) for which they petitioner is found to be entitled in the facts and circumstances of the case.”

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Petitioner without exhausting statutory remedy

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of Appeal before the Appellate Authority against the confiscation order, he has rushed to this Court. Therefore, Prima facie the present writ petition is premature. In the result, petitioner is relegated to Appellate Authority. If memorandum of appeal is filed before the Appellate Authority, the Appellate Authority is hereby requested to consider and decide the Appeal

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Patna High Court CWJC No.5247 of 2025 dt.24-04-2025 3/3

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within a period of two months from the date of receipt of such appeal.

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