Anita Gupta v. The State of Bihar
Case at a glance
- Bench
- MOHIT KUMAR SHAH, RAMESH CHAND MALVIYA
Outcome
Disposed of
Accordingly, the present writ petition stands disposed off
Provisions considered
Key paragraphs
- Para 22. At this juncture, the learned counsel for the petitioner submits that the petitioner has already received a notice for payment of penalty and release of the vehicle in terms of the provisions contained in Rule 12(A)(2) of the Bihar Prohibition and Excise (Amendment) Rules…
Judgment
====================================================== Appearance : For the Petitioner/s For the State
Mr.Amarnath Jha, Adv. Mr. Subash Prasad Singh, GA-3 Mr. Indeshwari Prasad Mandal, AC to GA-3 : : ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 3 23-03-2026 The present writ petition has been filed for release of Mahindra/Bolero/pick up van bearing Registration No. BR-11 GD-5720, Chassis No. MA1ZN2TNKL1L53703 and Engine No. TNL1K64951, which has been seized in connection with Saharsa (Prohibition & Excise) P.S.Case No. 258 /2025, dated
2.7.2025, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 on account of recovery of 420 liters of illicit Codeine Phosphate & Triprolidine cough Patna High Court CWJC No.2808 of 2026(3) dt.23-03-2026 syrup.
At this juncture, the learned counsel for the petitioner submits that the petitioner has already received a notice for payment of penalty and release of the vehicle in terms of the provisions contained in Rule 12(A)(2) of the Bihar Prohibition and Excise (Amendment) Rules, 2023, hence the petitioner be either granted liberty to pay the said amount of penalty and get the vehicle in question released or challenge the same, by taking recourse to the due process of law. Liberty so sought is granted.
The learned counsel for the petitioner also submits that the petitioner be granted liberty to challenge the order dated
21.2.2026, passed by the Ld. Court of District Magistrate-cum- Collector, Saharsa in Confiscation Case No. 249 /2025, by filing appropriate appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016, if so advised. Liberty, so sought, is also granted.
Operative part
Accordingly, the present writ petition stands disposed off on the aforesaid terms. (Mohit Kumar Shah, J) ( Ramesh Chand Malviya, J) Ajay/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present writ petition stands disposed off
Which statutory provisions did this judgment involve?
Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a); Bihar Prohibition and Excise Act, 2016 — s. 92.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.