Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9623 of 2022 ====================================================== Babloo Kumar, Son of Upendra Singh, Resident of Village- Lohan, Police Station- Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary-cum-Principal Secretary, Government of Bihar, Patna.

3.

The Excise Commissioner, Bihar, Patna.

4.

The District Magistrate-cum-Confiscating Officer, Jamui. 5.

The S.H.O Chandradeep Police Station, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vikash Kumar ( S.C.11 ) ====================================================== 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 : 29-07-2022 Heard learned counsel for the parties.

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

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5/6 The revisional Authority by his order dated 16.11.2021 has held that the vehicle in question owned by the revisionist is allowed to be released upon payment of 50% of the insurance value of the vehicle as penalty. The insurance value means the value of the vehicle as assessed by the Insurance Company. It is submitted on behalf of petitioner that the vehicle in question was seized for carrying 09 litres of foreign liquor and at the time of seizure, the vehicle was not insured and thereafter was kept in police station from 12.07.2021 and has suffered the vagaries of weather and wear and tear and the value of the vehicle has diminished, as such, direction of the revisional authority for payment of penalty of 50% of the insured value requires interference.

The writ petition is disposed of with a direction to the District Collector/Confiscating Authority to get the valuation of the vehicle done by the concerned D.T.O. and vehicle of the

6/6 petitioner to be released on making payment of 50% of such valuation.

The order passed by the Revisional Authority dated 29.04.2022 is modified to the extent as indicated above. The writ petition is accordingly disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR CAV DATE Uploading Date Transmission Date