Amidst the insertion of Rule 12(A) post amendment in Bihar Prohibition and Excise Rules, 2021, a confiscated vehicle can be released after making payment of penalty: Patna High Court.
The present case was a writ Petition filed by Sadanand Kumar S/o-Sri Rampravesh Yadav Resident of Village-Basobagi Hasanchak, P.S.-Barh, District-Patna against The State Of Bihar. The verdict in Sadanand Kumar v. State of Bihar (Citation- CWJC No.70 of 2022) was passed by the learned Bench of HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR.
FACT OF THE CASE:
This case was a Writ Petition filled before the Court in order to issue the Writ of mandamus against the confiscation of petitioner’s vehicle on the ground of transporting/exporting 375 ml of illicit liquor.
The petitioner through this Writ asked the court to direct the authority to release the Vehicle, Mahendra XUV-500 PWD-W7 that has been seized by S.I of Gokulpur (O.P) of Harnaut Police Station, Nalanda, Bihar on 12th December 2021 under Section 30(a) of Bihar Prohibition Excise Act, 2016.
The petitioner also asked the court to direct the respondent authority to take final decision with regard to release of vehicle or to pass any appropriate remedy in the interest of Justice.
JUDGEMENT :
The Hon’ble Court after analysing contentions and issue in hand observed that the Vehicle should be released by the authorities within a period of 14 days from the date of submission of the sureties with certain undertakings. According to the courts observation, in view of the amendment in the Excise Act, and same being applicable in present case, it shall be open for the petitioner to get his/her vehicle released after making payment of penalty in terms of Rule 12(A) inserted by amending Bihar Prohibition and Excise Rules, 2021. With said observation and direction, the present writ petition was disposed of.
JUDGEMENT REVIEWED BY: AKANKSHA