Mithun Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7386 of 2023 ====================================================== Mithun Kumar Tanti, S/o Ashok Tanti, Resident of Village-Bishanpur Ahok, Ward No.-17, P.S.-Sahebpur Kamal, District-Begusarai. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Begusrai 3.

The Superintendent of Excise, Begusarai.

4.

The Superintendent of Police, Begusarai.

5.

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate Mr. Ajay Kumar Sinha, 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 : 17-05-2023 Let the Deputy Collector Land Reforms, Begusarai be impleaded as Respondent No. 6 in the present petition. Registry to make necessary correction in the memo of parties. Petitioner is concerned with his vehicle (Bolero Pickup Van) bearing Registration No. BR11GC-7796, Chassis No. MA1ZN2TBKK1K77667, Engine No. TBK1K83359 which was seized on 17.10.2022 for the reason of recovery of 1228.600 litres foreign liquor for which Begusarai Muffasil P.S. Case No. 546/2022 was registered. Learned counsel for the State submits

Patna High Court CWJC No.7386 of 2023 dt.17-05-2023 2/2 that Confiscation Case No. 5 of 2023 is pending before the Deputy Collector Land Reforms, Begusarai.

The petitioner hence could approach the Confiscating Authority to conclude the proceedings or even file an application under Rule 12A of the Bihar Prohibition & Excise (Amendment) Rules, 2022. If the Confiscating Authority exercising discretion finds that the vehicle can be released on payment of penalty, then necessarily an intimation shall be given to the petitioner who shall pay the penalty upon which the vehicle shall also stand released immediately. The entire proceedings shall be completed at any rate within a period of two months from the date of production of the certified copy of this judgment before the concerned authority. The writ petition stands disposed of.

(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 19.05.2023 Transmission Date