Ashutosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2925 of 2024 ====================================================== Ashutosh Singh Son of Awadhesh Singh @ Awadesh Singh Resident of Village-Sisai, Police Station-Bhore, District-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Prohibition and Excise Act, Government of Bihar, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The S.H.O. Mohammadpur P.S., Gopalganj.

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Respondent/s :

Mr.Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 19-02-2024 In the instant petition, petitioner has prayed for the following relief:- That this is an application for issuance of an appropriate writ and/or direction commanding the respondents to release the Tata Punch Car bearing Registration No. BR29 AT 4889 which has been seized by Mohammadpur P.S. in pursuant to lodging of an F.I.R. bearing Mohammadpur P.S. Case No. 248 of 2023 for the offence under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

2. The aforementioned relief is premature in the

Patna High Court CWJC No.2925 of 2024(2) dt.19-02-2024 2/2 absence of any specific demand before the competent authority in writing. In fact in the present case there is a specific provision for submission of application under Rule 12-A of Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023. In the absence of such application the present petition is premature. Accordingly, the present petition stands disposed of as premature.

3. Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy under Rule 12-A of Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023 within a period of two weeks from today. If such application is submitted, the concerned authority is hereby directed to proceed to pass detailed speaking order within a period of three weeks from the date of receipt of such application.

4. With the above observation, this petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) asmit/- U