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PATNA HIGH COURT
RAJEEV RANJAN PRASAD, SOURENDA PANDEY, JJ
Dharmavati Devi – Appellant
Versus
The State of Bihar through Principal Secretary, Excise Department, Government of Bihar – Respondent
Civil Writ Jurisdiction Case No.16500 of 2025
| Table of Content |
|---|
| 1. petitioner failed to approach the competent authority for relief. (Para 1 , 2 , 3 , 9) |
| 2. vehicle seized under excise charges and petitioner claims no incrimination. (Para 5 , 6 , 7 , 8) |
| 3. court permits filing application before competent authority. (Para 10) |
| 4. writ application disposed. (Para 11) |
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
3 03-12-2025 No one appears for the petitioner.
2. Learned AC to SC-15 for the State is present.
3. On the last date the matter was adjourned at the instance of learned counsel for the petitioner.
4. We have perused the writ application.
5. It appears that the petitioner has moved to this Court for a direction to the respondent authorities to release the vehicle in question bearing registration No. BR28Y3525, Chassis No. ME4JC881AMG049595 and Engine No. JC88E-G-
0082453.
6. It appears that the vehicle in question has been seized in connection with Gopalganj Excise P.S. Case No. 131 of 2025 dated 01.03.2025 registered under Sections 30(a), 32 of the Bihar Prohibition and Excise Act , 2018.
7. The allegation is that of transporting 8.600 liters of country made liquor.
8. It appears from the pleading in the writ application that according to the petitioner, no incriminating article has been recovered from the petitioner and in this case no confiscating proceeding has started till now.
9. Be that as it may, it appears that the petitioner has not approached the competent authority under the Bihar Prohibition and Excise Rules , 2021 (as amended up to date) for release of the vehicle in question.
10. In the circumstances, we are disposing of the writ application with liberty to file an appropriate application before the competent authority under Bihar Prohibition and Excise Rules , 2021 (as amended up to date) within a period of thirty days from today. If such an application is filed, the same will be considered by the competent authority, keeping in view the several judicial pronouncements on the subject and an appropriate order shall be passed within a reasonable period.
11. The writ application stands disposed off accordingly.
(Rajeev Ranjan Prasad, J)
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