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Patna High CourtCWJC/15863/2022disposed

Rubi Devi @ Kamota Devi v. The State Of Bihar

2023-05-10The Chief Justice,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15863 of 2022 ====================================================== Rubi Devi @ Kamota Devi, W/o Krishan Chaudhary, Resident of VillageBhagan Bigha, P.S.- Rahui (Bhagan Bigha, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Excise Commissioner, Patna.

3.

The District Magistrate Cum Collector, Nalanda. 4.

The Superintendent of Police, District- Nalanda. 5.

The S.H.O. Rahui, (Bhagan Bigha), P.S.- Rahui, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Baljit Singh, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-05-2023 1.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

The petitioner is concerned with the release of her premises from which a quantity of 2.4 litres of illicit liquor was seized under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2018 and a First Information Report being Rahui (Bhagan Bigha) Police Station Case No. 69 of 2022 was registered on 02.02.2022.

3.

The confiscation proceedings were initiated as

Patna High Court CWJC No.15863 of 2022 dt.10-05-2023 2/2 Confiscation Case No. 134 of 2022.

4.

The petitioner has remedy of appeal against the order of confiscation and also remedy to approach the District Collector under Rule 12B of the Bihar Prohibition and Excise Rules (for brevity, the Rules), 2021.

5.

With such liberty, without any observations on the merits of the case, writ application is closed. (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) Sumit/ShashankAFR/NAFR NAFR CAV DATE NA Uploading Date 12.05.2023.

Transmission Date NA