Harinath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2393 of 2022 ====================================================== Harinath Son of Viran R/O Village - Gopalpur, P.S. - Salempur, District - Deoria (UP).
... ... Petitioner/s
Versus
1.
The State of Bihar Through the Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna. 2.
The Collector - cum- District Magistrate, Siwan. 3.
The Deputy Collector Land Reforms, Siwan Sadar, District- Siwan 4.
The Superintendent of Excise, Siwan.
5.
The Superintendent of Police, Siwan.
6.
The Officer - in - Charge, Guthani Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Pandey, Advocate For the Respondent/s :
Mr.Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 22-04-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
2/4 Petitioner is the owner of the pick-up van which was
3/4 seized in connection with Guthani PS Case No. 201of 2020 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, wherein it is alleged that 5.800 litre of illicit liquor was recovered from the vehicle of petitioner concealed in a plastic bag containing paddy. It appears from the ordersheet enclosed as Annexure-5 that on recommendation of S.P. Siwan vide letter dated 14.02.2021 confiscation proceeding being Confiscation Case No. 154 of 2021 was initiated against the vehicle of petitioner and notices were issued. From the impugned order dated 02.07.2021 it appears that paper publication was made for appearance on 28.06.2021 and ex parte order was passed on 02.07.2021.
It is submitted that the impugned order was passed ex parte without notice to petitioner as he is resident of Uttar Pradesh, as such he was not aware of any paper publication made in the daily Newspaper published within the State of Bihar.
Having heard learned counsel for the parties, this Court finds that apart from the order being passed ex parte, the order is not a speaking order and no reason has been assigned for passing such order nor there is any report of the chemical
4/4 analyst that the seized illicit liquor is intoxicant nor there is any discussion of any evidence produced on behalf of department in support of its case for confiscation of the vehicle. In said view of the matter, the impugned ex parte order dated 02.07.2021 as contained in Annexure-1 passed by the confiscating authority Siwan, passed in Confiscation Case No. 154 of 2019-20 State Vs. Pradeep Yadav is set aside and the matter is remanded to the Confiscating Authority, Siwan, to pass a fresh order after giving reasonable opportunity to the petitioner to file his show cause and thereafter to pass a fresh order after hearing and affording reasonable opportunity to the parties concerned.
However, it shall be open for the petitioner to avail the remedy under the amended Act/Rules to get his/her vehicle released on payment of penalty.
Accordingly, the writ petition is disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Rajiv/veenaAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA