Jai Singh Rakhecha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4217 of 2023 ====================================================== Jai Singh Rakhecha, Son of Birdhichand Khecha @ Birdhi Chand Rakhecha, a resident of Hanuman Nagar, West of Pani Tanki, P.s.-Patrakar Nagar, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate/Collector, Patna.

3.

Deputy Collector Land Reforms, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police, Patna West.

6.

The Excise Superintendent, Patna.

7.

The Sub-Divisional Police Officer, Patna West. 8.

The Station House Officer, Digha, Patna.

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

For the Petitioner/s :

Mr.Harish Kumar, 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 : 13-04-2023 The petitioner is concerned with his Hyundai Verna Car bearing registration No. BR-01FB-4531, which was seized on 08.11.2022 on an F.I.R being Digha P.S.Case No. 739 of 2022 registered on the recovery of 550 ml foreign liquor from the vehicle. No confiscation proceeding has been initiated. We find that there is no discretion cast on the District

Patna High Court CWJC No.4217 of 2023 dt.13-04-2023 2/2 Collector to reduce the penalty considering the quantum of the liquor seized or the circumstances under which the offence detected under Rule 12A of the Rules; as is available under Rule 12B. 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 of the Rules.

In such circumstances, we are of the opinion that on deposit of an amount of Rs. 20,000/-, which we compute only considering the very minimal quantity of liquor recovered, the aforesaid vehicle shall be released and there shall be no further confiscation proceedings against the said vehicle. Writ petition stands disposed of.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 29.04.2023 Transmission Date