Majibula Ansari @ M. Majibullah Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3627 of 2022 ====================================================== Majibula Ansari @ M. Majibullah Ansari son of Sahev Husen Ansari @ Sahebhusain Ansari, Resident of Village-Shripur, Gopalpur, Police StationSugauli, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Collector, Gopalganj.

3.

The Station House Officer of Mahmmadpur Police Station, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate Mr. Mahendra Pratap, Advocate For the Respondent/s :

Mr. Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 25-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.3627 of 2022 dt.25-04-2022 2/3 Petitioner is not the owner of the goods for which he is claiming release.

The writ petition is disposed of with liberty to the actual owner of the consignment, whose goods has been seized along with the truck and illicit liquor, to approach the appropriate authority for release of the said goods. As far as owner of the truck is concerned, the writ petition is disposed of with liberty to approach the Confiscating Authority in view of the amended provision of the Excise Act, by which Section 12A has been inserted in which Confiscation

Patna High Court CWJC No.3627 of 2022 dt.25-04-2022 3/3 Proceeding is to be dropped on payment of penalty as notified by the Government.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 28.04.2022 Transmission Date