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Patna High CourtCWJC/5743/2019disposed

Raj Kumar Singh v. The State Of Bihar

2019-04-19Mr. Justice Jyoti Saran,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5743 of 2019 ====================================================== Raj Kumar Singh Son of Late Shyam Sunder Singh, Resident of MohallaNew Patliputra Colony, House No.-249, Road No. 2B, J.D. Mishra Path, Police Station-Patliputra, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise Department, Government of Bihar, Patna 2.

The Collector-Cum-District-Magistrate, Patna 3.

The Senior Superintendent of Police, Patna 4.

The Police Inspector Cum Officer In Charge, Patliputra Police Station, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Kumar Sinha For the Respondent/s :

Mr.Kumar Manish ( Sc5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 19-04-2019 Heard Mr. Satyendra Kumar Sinha, learned counsel for the petitioner and Mr. Kumar Manish, learned Assisting Counsel to SC 5.

Petitioner questions the notice dated 24.11.2018 issued by the confiscating authority in Excise Confiscation Case No. 420/18-19 in exercise of powers under Section 56(c) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of liquor from the premises of which the petitioner happens to be the joint holder.

Patna High Court CWJC No.5743 of 2019(2) dt.19-04-2019 2/2 Considering that it is only a show cause notice, we refrain from exercising our jurisdiction to interfere with the notice. The petitioner is at liberty to raise all the issues in the confiscation proceeding as have been raised in the present writ petition.

With the aforesaid liberty, the writ petition stands disposed of.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) mrl./- U