Back
P. B. BAJANTHRI, ARUN KUMAR JHA
Moni Kumari – Appellant
Versus
State of Bihar – Respondent
Arun Kumar Jha, J.—Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant writ petition seeking the following reliefs:—
“(i) For issuance of appropriate writ preferably in the nature of ‘Certiorari’ for setting aside the order dated 12.06.2023 passed by Excise Commissioner, Bihar, Patna in Excise Appeal Case No.72 of 2023 whereby and where under the said appeal preferred against order dated 6.2.2023 passed by the District Magistrate, Begusarai in Confiscation Case No.9 of 2022 has been rejected thereby affirming the said order dated 6.2.2023.
(ii) To issue an appropriate writ preferably in the nature of ‘Certiorari’ for setting aside the order dated 6.2.2023 passed by the District Magistrate, Begusarai in Confiscation Case No.9 of 2022 arising out of Excise P.S. Case No.18 of 2022 whereby and where under the room situated at North-West Corner of the house of the petitioner has been confiscated.
(iii) To hold and declare that the room, as aforementioned, of the petitioner sh all be deemed to have been released after expiry of 90 days from the date of appearance of the petitioner in Confiscation Case No.9 of 2022 as such
The court modified a confiscation order into a monetary penalty under the Bihar Prohibition and Excise Act, balancing legal enforcement and rights to property.
Confiscation of properties under the Bihar Prohibition and Excise Act requires proof of owner's involvement in the offense; a lack of such proof invalidates the confiscation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
