Mukesh Kumar @ Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8245 of 2022 ====================================================== Mukesh Kumar @ Mukesh Das S/o Lalbabu Das Resident of Village- Rampur Jaypal, Ward No.- 14, P.S.- Bochha, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Addl. Chief Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The Commissioner Prohibition and Excise, Govt. of Bihar, Patna. 3.

The District Magistrate-cum- Collector Muzaffarpur. 4.

The S.S.P. Muzaffarpur Muzaffarpur.

5.

The S.H.O. Excise Officer Muzaffarpur.

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

For the Petitioner/s :

Mr.Priyesh Kumar, Advocate For the Respondent/s :

Mr.Vivek Prasad ( G.P. 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 08-07-2022 Heard learned counsel for the parties.

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

2/4

3/4 Allegation is recovery of 43.920 litres of Indian made Foreign Liquor, 35 litres of spirit and 8 litres of illegal wine from the premises of petitioner.

It is submitted that the premises is ancestral and joint property of co-sharer. The part of premises (.09 decimal) is

4/4 liable for confiscation as there has been recovery of huge illicit liquor from the said place. No satisfactory explanation has been given with respect to possession of such illicit liquor, as such, all the authorities have found part of premises liable to be confiscated. No infirmity or error in the order dated 30.04.2022 passed by learned Additional Chief Secretary could be brought to the notice of this Court, as such, no interference is called for in the impugned order.

However, during pendency of this petition, there has been amendment in the Bihar Excise Act and the Rules and provision has been made for release of the premises on payment of penalty under Rule 12 B of the Excise Rules. The writ petition is disposed of with liberty to the petitioner to approach the Confiscating Authority and avail benefit of amended rules.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date