Kumar Anuj v. The State Of Bihar Through The Principal Secretary Excise Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2725 of 2017 ====================================================== Kumar Anuj .... .... Petitioner/s

Versus

The State of Bihar Through The Principal Secretary Excise Dept. & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. P.N.Shahi(Aag6) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 3.

09-03-2018 Learned counsel for the petitioner submits that he has challenged the order of confiscation dated 06.10.2017 passed in Excise Case No. 324/2017 mainly on the ground that the District Magistrate-cum-Collector, Aurangabad being an executive cannot have power to confiscate the property in question. He informed that such a challenge is based on a challenge to the Bihar Prohibition and Excise Act, 2016, and therefore, he would like to convert this writ application in a civil writ application. Learned counsel for the State has no objection to the petitioner availing his remedy in accordance with law. Permission is granted.

Office shall report on the requirement for that purpose.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T