Sanjay Kumar Giri v. The State of Bihar
Case brief
What is this about?
Bihar excise vehicle-seizure writ; release of Amaze Car (BR-29-AZ-9462) seized in Mairwan P.S. Case No. 62/2025 u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018; petition disposed of as PREMATURE because no demand was made before the competent authority under Rule 12A, Bihar Prohibition and Excise Rules, 2021 (amended 2022 and 2023); on a fresh Rule 12A application in prescribed form, competent authority to pass speaking order within two weeks; appeal open if confiscation final; Sunaina Vs State of Bihar (C.W.J.C. No. 7920/2023) cited only in prayer clause.
What did the court decide?
In the absence of any demand before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, the writ petition for a writ of mandamus to release the seized vehicle is not maintainable and is premature; accordingly, the petition stands disposed of as premature.