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Patna High CourtCWJC/2140/2023disposed

Deepak Kumar Mahto v. The State Of Bihar

2023-04-24The Chief Justice,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2140 of 2023 ====================================================== Deepak Kumar Mahto, S/o- Devendra Kumar Mahto, Resident of ward no. 02, Nande Nagar, Kachhu, P.O.- Tamoria, P.S- Lakhanaur, Dist- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary Registration, Excise and Prohibition Department, Government of Bihar.

3.

The District Magistrate-cum-Collector, Madhubani. 4.

The Superintendent of Excise, Rohtas, District- Madhubani. 5.

The Superintendent of Police, Madhubani.

6.

The Officer -in- charge, P.S- Lakhanaur, Dist- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey, Advocate For the Respondent/s :

Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-04-2023 Petitioner is concerned with one vehicle (Van) bearing Registration No. BR06GC8644, which was seized along with two other vehicles and an F.I.R. registered as Lakhanaur P.S. Case No. 139 of 2022 dated 14.07.2022. From the petitioner's vehicle 8.64 litres liquor was recovered. The confiscation proceedings are not yet over. The petitioner hence could approach the District Magistrate-cum-Collector, Madhubani to conclude the proceedings or even file an

Patna High Court CWJC No.2140 of 2023 dt.24-04-2023 2/2 application under Rule 12A of the Bihar Prohibition & Excise (Amendment) Rules, 2022. If the Collector exercising discretion finds that the vehicle can be released on payment of penalty, then necessarily an intimation shall be given to the petitioner who shall pay the penalty upon which the vehicle shall also stand released immediately. The entire proceedings shall be completed at any rate within a period of two months from the date of production of the certified copy of this judgment before the concerned authority.

The writ petition stands disposed of.

(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) Anushka/PKP AFR/NAFR CAV DATE Uploading Date 27.04.2023 Transmission Date