Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13390 of 2022 ====================================================== Sanjay Yadav S/o Kishori Yadav, Resident of Village- Chargaha, Ward No. 09, P.O. Laxmipur, P.S. Sirisia O.P. District- West Champaran.... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Motihari, East Champaran. 3.

The Senior Superintendent of Police, Motihari, East Champaran. 4.

The Sub Inspector Excise, Chalisnu Dal, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kishun Prasad, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 16-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

Patna High Court CWJC No.13390 of 2022 dt.16-09-2022 2/3 Learned counsel for the petitioner further submits that confiscation proceeding was initiated by respondent being confiscation (Excise) Case No.75/21, which is pending and final order has not been passed.

In said view of the matter, the District Collector/Confiscating authority, Motihari, East Champaran is directed to conclude the confiscation proceeding within 90 days from the date of filing of show cause by the petitioner, if not already filed or within 90 days if the show cause has been filed from the date of receipt/production of a copy of order passed by this Court, failing which, the vehicle of the petitioner shall be provisionally released till conclusion of confiscating proceeding and possession to be handed over to the petitioner, on furnishing

Patna High Court CWJC No.13390 of 2022 dt.16-09-2022 3/3 adequate sureties and undertaking to the satisfaction of District Collector / Confiscating Authority, Motihari, East Champaran. It is submitted by learned counsel for the State that during pendency of writ petition, there has been amendment in the Bihar Prohibition and Excise Rules, 2021 and a new Rule 12(A) and 57(B) has been inserted.

In said view of the matter, the writ petition is disposed of with liberty to the petitioner to avail the remedy of the amended provision of 12(A) and 57B of the Bihar Prohibition & Excise (Amendment) Rules, 2022. It is made clear that this Court has not expressed any opinion with respect to merit of the case.

Equally, liberty reserved to petitioner owner to approach this Court for same and subsequent cause of action, if so arises.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.09.2022 Transmission Date NA