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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 

Click Here To View Judgement

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