Application In The Prescribed Manner Is Required For The Remedy Under Rule 12-B Of Bihar Prohibition & Excise (Amendment) Rules: High Court Of Patna
Title: Binod Kumar v State of Bihar
Citation: CWJC No.15688 of 2023
Coram: Honourable Mr. Justice P. B. Bajanthri And Honourable Mr. Justice Ramesh Chand Malviya
Decided On: 08-11-2023
Introduction:
In the instant petition, the petitioner has prayed for the following reliefs:
- For issuance of writ/writs, order/orders, direction/directions, commanding the respondents to unseal the petitioner’s Cement Godown situated in the village- Rudahan, Area- 5400 Sq.fit, which has been sealed in connection with Bochahan P.S. Case No. 318/2023, registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Facts:
The subject matter of premises, namely, Khata No. 109, Kheshra No. 10 about 5400 Sq. ft., cement godown situated in village – Rudahan, P.S. – Bochahan, District – Muzaffarpur is stated to be involved for the offences under the Bihar Excise Act, 2016. It is reliably learnt that about 279 litres of foreign liquor was seized from the aforementioned godown and it has been seized. The present petition is for de-sealing.
Learned counsel for the State-respondent submitted that having regard to the huge quantity seized and it is not appropriate for this Court to direct for de-sealing the premises. Further, it is also pointed out that confiscation proceedings is under going.
Court’s Judgement and Analysis:
Petitioner has submitted representation on 05.10.2023, there is no action on the part of the concerned respondent. At the same time, petitioner has remedy under Rule 12-B of Bihar Prohibition & Excise (Amendment) Rules, 2022. But the petitioner is required to submit application in the prescribed form in respect of de-sealing of seized premises.
Therefore the petitioner was directed to approach the concerned authority while making application under the Rule 12-B of Bihar Prohibition & Excise (Amendment) Rules, 2022.
Application is to submitted before the competent authority, the competent authority is directed to take note of all the factual materials and proceed to pass order and communicate the same to the petitioner within a reasonable period of three weeks from the date of receipt of petitioner’s application under Rule 12-B of Bihar Prohibition & Excise (Amendment) Rules, 2022.
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Written by- Sushant Kumar Sharma