ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 06-03-2024 In the instant petition, petitioner has prayed for following relief:-

i) Issuance of writ of mandamus, directing the respondents to forthwith release 335 cases of Foreign Liquor, which has been seized in connection with Muzaffarpur Excise P.S. Case No.1777 of 2023 dated 11.09.2023, instituted under Section 30(a), 32(2) and 48 of the Bihar Prohibition and Excise Act, 2016, which was being lawfully transported on the strength of valid statutory documents/permits issued by the Excise Authorities of Sikkim and Maharashtra;

ii) To restrain the respondents from initiating any proceeding for confiscation of the aforesaid consignment of beer, seized in connection with Muzaffarpur Excise P.S. Case No.1777 of 2023 dated 11.09.2023, as the consignment was lawfully transported;

iii) To pass such other order(s), direction(s) as your Lordships may deem fit and proper in the facts and circumstances of the case.

2. The petitioner is stated to have been engaged in transportation services. In this regard, he had stated to have hired vehicles from various parties to transport goods. The petitioner was in the custodian of liquor