Sandeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12190 of 2025 ====================================================== Sandeep Singh Son of Singhasan Singh, Resident of Village- Navkapura, Fullanpur, P.S.- Phoolpur, District- Ghazipur (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Development of Registration and Excise, Government of Bihar. 2.

The District Magistrate, Patna.

3.

The Superintendent of Police, Patna.

4.

The Sub-Divisional Officer, Patna City, Patna. 5.

The S.H.O., Excise Police Station, District- Patna. 6.

The S.H.O., Agam Kuan Police Station, District- Patna. 7.

The Investigating Officer of Excise P.S. Case No. 385 of 2025, Excise Police Station, Patna.

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

For the Petitioner/s :

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

Mr. Anil Kumar Verma, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 05-08-2025 In the instant petition, the petitioner has prayed for the following relief(s):- "(i) For commanding the respondent authorities to release of the 16 large rolls of foil (HUL SAL LAMI CP Strg & Lng ML 15/15/30MLP 64890786) value of Rs. 20,96,347.92/- in favour of the petitioner which was seized of in connection with Excise P.S. Case No. 385 of 2025 dated 10.03.2025 registered for offences under Sections 30(a), 32 and 56 (b) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Patna High Court CWJC No.12190 of 2025(2) dt.05-08-2025 2/2 (ii) And for grant any other relief (s) as per the facts and circumstances of this case."

2. In the guise of seizure of cough syrup and registering offences under the Bihar Prohibition and Excise Act read with the offences, the official respondents have seized 16 large rolls of foil (HUL SAL LAMI CP Strg & Lng ML 15/15/30MLP 64890786) value of Rs. 20,96,347.92/-.

3. Perusal of the F.I.R., it is not evident as to under which provision of law the aforementioned material could be seized by the authorities in connection with the offences under Bihar Prohibition and Excise Act.

4. Therefore, concerned authority is hereby directed to release the same after due verification of the documents in favour of the owner of the aforementioned material within a period of one week from the date of receipt of this order.

5. With the above observation, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Ankit Kumar/- U