Yogendra Kumar Dube, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9605 of 2020 ====================================================== Yogendra Kumar Dube, Son of Bachcha Yadav, Resident of Village - Ward No.1, Ghevarahi, P.S. - Dhanaha, District - West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

District Magistrate, West Champaran at Bettiah. 3.

Additional District Magistrate, West Champaran at Bettiah. 4.

Superintendent of Police, West Champaran at Bettiah. 5.

Station House Superintendent, Police Station- Dhanaha, District - West Champaran.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

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) Date : 22-12-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for following reliefs:- (I) "To set aside the exparte order dated 05.10.2020 passed by the respondent Additional District Magistrate, West Champaran at Bettiah in

2/4 C.R.M. Case No. 540/2019-20 arising out of Dhanaha P.S. Case No. 38/2019 instituted for alleged offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016, whereby, misinterpreting the provision contained in SubRule (kha) of Rule, 56 of the Bihar Prohibition and Excise Act, the EON Car owned by the petitioner bearing registration No.

BR 22 AE-2678, has been confiscated with a direction to the Superintendent of Excise, West Champaran to put the said motor vehicle on auction with the help of the concerned S.H.O. of concerned police station, at the minimum floor price determined by the motor vehicles Inspector, Bettiah. A further direction has been issued to deposit the auction proceeds in the Government Treasury.

(ii) Further prayer is to restrain the respondents, particularly the respondent District Magistrate, West Champaran at Bettiah from putting the motor vehicle of the petitioner i.e. EON Car bearing registration no. BR-22 AE-2678 on auction sale.

(iii) The petitioner further prays for a direction to the respondents, particularly the respondent District Magistrate, to release the said motor vehicle of the petitioner, by awarding

3/4 punishment of reasonable monetory fine against him considering the fact that the petitioner has been proceeded against for a petty offence of carrying only half bottle of Beer measuring only 500 ML of the same, which, by no stretch of imagination be termed for as transportation of alcohol. Alcohol content for the purpose of its sale in contravention of Section 55 and /or other ancillary provisions of Bihar Prohibition and Excise Act, 2016."

Petitioner has approached this Court without exhausting the statutory remedy of appeal against the order dated 05.10.2020 passed by the Confiscating Authority/Additional District Magistrate, West Champaran at Bettiah in C.R.M. Case No. 540/2019-20 arising out of Dhanaha P.S. Case No. 38/2019 instituted for alleged offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. The writ petition is disposed of with liberty to petitioner to avail the remedy of appeal against the order passed by the Confiscating Authority/Additional District Magistrate and, if any, appeal is filed by the petitioner within eight weeks, the appellate authority shall condone the delay in filing appeal and decide the appeal on merit within eight weeks from the date of its filing.

4/4 During pendency of appeal, the vehicle shall not be auction sold, if not already auction sold.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2021 Transmission Date NA