Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7908 of 2023 ====================================================== Asha Devi Wife of Late Avinash Sharma, Resident of Village- Bahadurpur, P.O., P.S. and District - Kushinagar, U.P. - 274409. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Prohibition and Excise Registration, Department, Govt. of Bihar, Patna. 2.

The District Magistrate cum Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Sub-Divisional Police Officer, Gopalganj. 5.

The In-Charge of Excise P.S. - Gopalganj.

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

For the Petitioner/s :

Mr. Akshay Ashish, Advocate For the Respondent/s :

Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-06-2023 The petitioner is the widow of a person who owned a vehicle which was seized by the police under the Bihar Prohibition and Excise Act, 2016.

The vehicle bearing Engine No.G3N5E0097001, Chasis No. ME1RG662BL0097138 was seized in an F.I.R. lodged on 30.01.2023 for reason of detection of 27 litres of country-made liquor in the said vehicle. The petitioner seeks release of the vehicle.

Learned Government Advocate submits that

Patna High Court CWJC No.7908 of 2023(2) dt.19-06-2023 2/2 already a confiscation order has been passed by the District Collector, Gopalganj on 02.06.2023, a copy of which was handed over across the Bar to the learned counsel for the petitioner.

In such circumstances, petitioner would have to file an appeal against that order, if she so desires. The petitioner can also avail the remedy of amended Rule-12A, as amended on 31st of May, 2023.

The writ petition stands disposed of.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) sharun/- U