Jhumpa Dhibar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13470 of 2023 ====================================================== Jhumpa Dhibar Wife of Sadhan Dhibar and daughter of Durga Pada Dhibar, Resident of Village- Fatepur, G.T. Road Sitarampur, P.S. - Asansol, District - Paschimi Vardhman, West Bengal.

... ... Petitioner.

Versus

1.

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

2.

Excise Commissioner, Prohibition and Excise Department, New Secretariate, Patna, Bihar.

3.

The District Magistrate cum Collector, Banka. 4.

The Excise Superintendent Banka, Dist. - Banka. 5.

The Superintendent of Police, Banka, Dist. - Banka. 6.

The Assistant Sub Inspector, Prohibition and Excise Department, Sadar cum Katoria Anchal, Dist. - Banka.

... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Naresh Chandra Verma, Advocate.

For the State :

Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 27-09-2023 In the instant writ petition, the petitioner has prayed for the following reliefs:

"For release of Bolero Pickup Van bearing Registration No.WB37D6416, Chachis No.MA1ZN2TBKJ1H67752 with Engine No.TBJIH73917, which was seized by the Assistant Sub Inspector, Prohibition and

Patna High Court CWJC No.13470 of 2023 dt.27-09-2023 2/2 Excise Sadar cum Katoria Anchal Banka in Excise Case No.139 of 2019 pending in the court of Additional District Judge cum Special Judge Excise Act, Banka.

2. The petitioner is not entitled to aforementioned relief for the reasons that the confiscation proceeding has attained finality. Thereafter, the auction proceeding was concluded in the year 2022 itself as is evident from the instructions furnished by the learned counsel for the State.

3. Accordingly, the present writ petition stands disposed of as not maintainable reserving liberty to the petitioner to resort appropriate remedy pursuant to the confiscation proceeding read with auction proceeding. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.10.2023 Transmission Date NA