Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18375 of 2023 ====================================================== Pinki Devi Wife of Shyamnandan Rai Resident of Village-Shahjahanpur Balukaram P.S.-Vaishali, Distt-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Excise Department Govt. of Bihar Patna.

2.

The Director General of Police Bihar Patna.

3.

The Superintendent of Police, Siwan.

4.

The District Magistrate-Cum-Collector Siwan.

5.

The Dy. Superintendent of Police, Siwan.

6.

The S.H.O. Excise P.S., Siwan.

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the State :

Mr. Subodh Kr. Mishra, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-01-2024 In the instant petition petitioner had prayed for following relief:

A) In the nature of mandamus and/or any other appropriate writ/s, order/s, direction/s for: (I) Releasing of Maruti Alto Car registration

Patna High Court CWJC No.18375 of 2023(2) dt.08-01-2024 2/3 no.

BR-31PA Chassis No.

MASEZDE1500553187, Engine KI0BN2250522 seized in connection Excise P.S. Case No. 351/2022 instituted u/s 30(a) of the Bihar Prohibition and Excise Act 2016, awaiting confiscation.

2. Arising out of Excise P.S Case No. 351 of 2022 petitioner had approached the Trial Court for release of the subject matter of vehicle and it was dismissed by Excise Trial 58 of 2023 on 08.05.2023 with reference of maintainability of the case, hence the present petition is filed.

3. Learned counsel for the petitioner submitted that Subject matter of vehicle was not at all involved in the offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. In this regard, the petitioner has statutory remedy of submission of application Rule 12-A read with the amendment in the year 2022/2023. Without exhausting such remedy petitioner has rushed to this Court. Nevertheless, the present petition is premature, accordingly, petition stands disposed off as premature.

4. Disposal of the present petition would not be a hurdle for the petitioner to invoke Rule 12-A read with the amendment of Bihar Prohibition and Excise Rules, 2021 read with amended rules in the year 2021 and 2022. If such application is submitted before the competent authority, the competent authority is hereby directed to decide the petitioner's

Patna High Court CWJC No.18375 of 2023(2) dt.08-01-2024 3/3 application within period of two weeks from the date of receipt of such application and communicate the decision to the petitioner. If necessary, petitioner may be heard in the matter for the reasons that petitioner is disputing to the extent that subject matter of vehicle was not involved in the excise offence. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) Mayank/- U