IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3186 of 2021

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Asha Devi Wife of Jitendra Bahadur Resident of H2/1, Street No. 1, Adarsh

Nagar, P.S. - Dhurwa, District Ranchi (Jharkhand)

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Nalanda.

3.

The Additional Collector-cum-Additional District Magistrate, Nalanda.

4.

The Superintendent of Police, Nalanda.

5.

The Station House Officer, Silao Police Station, District- Nalanda.

... ... Respondent/s

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(The proceedings of the Court are being conducted through Video Conferencing and

the Advocates joined the proceedings through Video Conferencing from their

residence.)

Appearance :

For the Petitioner/s

:

Mr.Satya Prakash Parasar, Adv

For the Respondent/s

:

Mr. Vikash Kumar SC-11

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 03-05-2021

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

“(i) For issuance of awrit in the nature of

certiorari for quashing of the order dated 16.12.2020 in

Confiscation (Excise) Case No. 130 of 2020 by the

Additional Collector cum Additional District

Magistrate, Nalanda whereby and whereunder the

authority concern has confiscated Tata Sumo bearing

Patna High Court CWJC No.3186 of 2021 dt.03-05-2021

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Registration No. JH01DK-0615 seized in pursuance of

registration of Silao PS Case No. 170 of 2020 which

was registered under section 30(a) of the Bihar

Prohibition & Excise (Amendment) Act, 2018 without

affording any reasonable opportunity and before

decision of preliminary issued with regard to the

element of transportation with the intent of commerce

and trade and without having decision that informant

whio has seized the liquor is not authorize under

Section 73 of the Bihar Prohibition & Excise Act.

(ii) For further direction to the respondent

authorities to release the vehicle in question in favour

of the petitioner during pendency of the present writ

application since the petitioner is a bonafide owner of

the said vehicle and vehicle in question admittedly not

used in transportation of the liquor.

(iii) For further direction to the respondent

authorities not to put the vehicle on auction during

pendency of the present case.”

Petitioner has approached this Court without exhausting

the statutory remedy of appeal against the impugned order, as

such, petitioner is granted liberty to avail the remedy of appeal

against the confiscation order passed by the Confiscating

Authority- cum- District Magistrate, before the Appellate

Authority and if any such appeal is filed within 8 weeks then

appellate authority shall condone the delay in filing the appeal

and shall decide the appeal on its own merit preferably within 8

weeks from the date of its filing.

Patna High Court CWJC No.3186 of 2021 dt.03-05-2021

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During pendency of appeal, the confiscated vehicle shall

not be auction sold, if not already auction sold.

With aforesaid liberty, the writ petition is disposed of.

ranjan/-

(Sanjay Karol, CJ)

( S. Kumar, J)

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