Awadhlal Yadav v. The State of Bihar through Principal Secretary, Excise Department, Government of Bihar
Case at a glance
- Bench
- P B BAJANTHRI, RAMESH CHAND MALVIYA
Outcome
Disposed of
present petition stands disposed of reserving liberty to the
Provisions considered
Key paragraphs
- Para 44. With the above observations, the present writ petition stands disposed of. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) jyoti/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR N/A N/A
Judgment
Mr. Sushil Kumar, Advocate Mr. Vikash Kumar, (SC-11) ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-01-2024 In the instant petition, petitioner has prayed for the following relief;- That this writ petition is being filed for issuance of a direction/order or an appropriate writ for directing the respondent authorities to release of the white colour supro Maxi truck- T2 dala body vide Reg. no.- BR28GA0431 of the petitioner which has been seized at Ps- villahe Vishambhar, Vishambhar PS Case No. 54/2023 allegation under section 30 (a) of Bihar Prohibition Excise Act, 2018 for recovery = Total 135litre bonty babli country made liquor. tinmuhani, Gopalganj Distt.
During the pendency of the present petition on
07.08.2023, the confiscating authority concluded the confiscation Patna High Court CWJC No.16861 of 2023 dt.08-01-2024 proceedings and order for confiscating the subject matter of Motor Vehicle Bearing No. BR28GA0431 (Supro Maxi Truck- T2) which was seized in connection with the alleged offences under the Excise Act in P.S. Case No. 54/2023 dated 03.04.2023.
Operative part
The petitioner has a remedy of appeal before the appellate authority under Section 92 of Bihar Prohibition and Excise Act, 2016. He has to exhaust such remedy. Therefore, the present petition stands disposed of reserving liberty to the petitioner to invoke remedy of appeal under Section 92 of Bihar Prohibition and Excise Act, 2016. The Appellate Authority is hereby directed to decide the Appeal within a period of three months from the date of receipt of the petitioner’s Appeal. In the meanwhile, if the subject matter of motor vehicle is not auctioned as on today, the same shall not be undertaken till disposal of appeal to be filed by the petitioner.
With the above observations, the present writ petition stands disposed of. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) jyoti/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR N/A N/A
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: present petition stands disposed of reserving liberty to the
Which statutory provisions did this judgment involve?
Bihar Prohibition Excise 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.