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Patna High Court/4712/2023disposed

Awanish Kumar v. The State Of Bihar

2023-04-20The Chief Justice,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4712 of 2023 ====================================================== Awanish Kumar, Son of Ram Kumar Singh, Resident of Village- Jatwaliya, P.O.- Telhara Kala Khurd, P.S.- Kundwa Chianpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate cum Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Excise Superintendent, Gopalganj.

5.

The Officer in Charge, Gopalpur, P.S., District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok 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 : 20-04-2023 The petitioner is concerned with Mahindra TUV 300 Car bearing Registration No. BR-05-PA-9549, Chassis No. MA1NA2VZXJ6H43652, Engine No. VZJ6H76536, which was seized on 06.01.2022 with 151 litres of liquor. The learned State counsel submits on instructions that confiscation proceeding has been initiated.

In such circumstance, the learned counsel for the petitioner submits that he is ready to go under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (hereinafter referred

Patna High Court CWJC No.4712 of 2023 dt.20-04-2023 2/2 to as "Rules").

If the petitioner files an application under Rule 12A of the Rules before the District Collector within a period of two weeks, the District Collector shall decide the same within one month therefrom. If the vehicle is ordered to be released on penalty, the same shall be released immediately, on payment of penalty.

The writ petition is disposed of.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) sumit/shashankAFR/NAFR CAV DATE Uploading Date 25.04.2023 Transmission Date