Ramanuj Paswan v. The State Of Bihar Through Principal Secretary, Department Of Excise, Government Of Bihar, Patna An

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2016 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Ramanuj Paswan, son of Sri Ramashish Paswan, resident of Mohalla- Ahari Tola, back of Mahila Thana, P.S.- Civil Line, District- Satna M.P. At present Fatehpur, P.O.- Sare, P.S. -Asthama, District- Nalanda, Bihar. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, District- Nalanda.

3.

The Director General of Police, Patna.

4.

The Superintendent of Police, Nawada.

5.

The Superintendent of Excise, District- Nalanda. 6.

Officer Incharge, Akbarpur, District- Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Chetanand Paswan, Advocate For the Respondents-State:

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 25-06-2019 The defect, as pointed out by the registry, is ignored.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. By way of instant application preferred under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the notice dated 16.05.2018 issued in Case No.179(M) of 2018 by the District Magistrate, Nawada whereby he has been asked to file his show cause as to why Maruti Alto car bearing

Patna High Court CR. WJC No.2016 of 2018 dt.25-06-2019 2/2 registration no. MP-19CA-3631 in which prohibited liquor was being transported be not confiscated.

4. In the opinion of this Court, a writ petition challenging the notice initiating confiscation proceeding under the Bihar Prohibition and Excise Act, 2016 could not be maintainable.

5. If so advised, the petitioner may appear before the court of District Magistrate and file his show cause.

6. The application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.06.2019 Transmission Date 28.06.2019