Petitioner is at liberty to avail the remedy of the amended provision 12(A) of the Bihar Prohibition & Excise (Amendment) Rules, 2022: Patna High Court.
This case was a Writ Petition filled by Jalandhar Ray Son of Phirangi Ray, residence of Village and Post – Paktola, P.S. – Dumara, Distt. – Sitamarhi against the State of Bihar. The Judgment in Jalandhar Ray v. STATE of Bihar (Citation: CWJC No.63 of 2022) was served by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR.
FACTS OF THE CASE:
The present case was a writ petition in the nature of Certiorari, filled by the Petitioner Jalandhar Ray under Section 226 of The Constitution of India, 1950. The Petitioner through this Petition sought a relief directing the Respondents authorities for setting aside the order dated 31st of August 2021 which has been passed by the Addl. Chief Secretary of Bihar, Patna in Excise Revision Case No. 105/2021 and set aside other orders passed by Commissioner and Addl. Collector in relation to the confiscation of vehicle on the ground of exporting/transporting 543.105 literally of illicit liquor.
The Petitioner also asked the court to command the Respondents authorities to release the seized vehicle as the Petitioner have no connection with regard to the illicit confiscation liquors.
JUDGEMENT:
The learned Bench after due consideration of the contentions and arguments advanced by the parties disposed of the present Petition with the view that the Petitioner is at the liberty to avail the remedy of the amended provision 12(A) of the Bihar Prohibition & Excise (Amendment) Rules, 2022. Further is was also stated that this Court has not expressed any opinion with respect to merit of case. Hence, the liberty is reserved to the petitioner to approach this Court for same and subsequent cause of action, if so arises.
JUDGEMENT REVIEWED BY: AKANKSHA.