Arun Kumar Singh @ Pappu v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3032 of 2023 ====================================================== Arun Kumar Singh @ Pappu, Son of Late Harendra Singh, Resident of Village- 15 Kings Raod Hawara, Police Station- Golabari, District- Hawra (West Bengal).

... ... Petitioner/s

Versus

1.

The State of Bihar, through Secretary of Excise Department, Bihar at Patna. 2.

The Collector-cum-District Magistrate, Jamui 3.

The Superintendent of Police, Jamui 4.

The Superintendent Excise Prohibition, Jamui 5.

S.H.O. Chakai P.S., District- Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Advocate Mr. Sarvottam Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-05-2023 The petitioner is concerned with his vehicle, which was seized on 21.09.2022. An F.I.R being Chakai PS Case No. 234 of 2022 was registered on the recovery of 2.160 litres of liquor from the vehicle in-question.

2. Learned Government Advocate submits that confiscation proceedings already concluded vide order dated 21.03.2023 in Confiscation Case No. 08 of 2023.

3. We find that there is no discretion cast on the District Collector to reduce the penalty considering the

Patna High Court CWJC No.3032 of 2023 dt.16-05-2023 2/2 quantum of the liquor seized or the circumstances under which the offence is detected, under Rule 12A of Bihar Prohibition and Excise Rules, 2021 (for brevity, 'the Rules'); as is available under Rule 12B (2) of the Rules. We also notice that the quantum of the recovered liquor is one of the factors which has to be considered in imposing the penalty under Rule 12B (2) of the Rules.

4. In the above circumstances, considering the minuscule quantity of liquor recovered from the vehicle i.e. Hyundai Creta Four Wheeler, bearing Registration No. WB20BJ-7400, we are of the opinion that on deposit of Rs. 20,000/- (Twenty Thousand) the vehicle shall be released, if not auctioned, within a period of two weeks from the date of receipt/production of a copy of this judgment, subject to verification of the petitioner's identity vis-a-vis ownership of the vehicle in-question and there shall be no further confiscation proceeding against the vehicle, on the basis of the instant crime registered.

5. The writ application is, accordingly, disposed of.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 17.05.2023 Transmission Date