SHOBHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vyash Kumar Mishra, learned counsel for the petitioner and Mr. Rewati Kant Raman, learned A.C. to SC-11 for the respondent-State. The present writ application has been filed for quashing of the order dated 26.07.2019 passed by the District Magistrate, Bhagalpur in Misc (Excise) Case No. 159 of 2018- 19 passed by the Collector, Bhagalpur whereby the XT Zest Tata vehicle bearing Registration No. BR10Y-8444 has been confiscated which was seized in connection with Jagdishpur P.S. Case No. 234 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, as amended by Amendment Act 8 of 2018 (hereinafter referred to as 'the Act'). The relief prayed for, as stipulated in paragraph no.1 of the writ application reads as follows:-

(2.) Tata vehicle in question and a copy of the registration certificate of the seized vehicle has been brought on record, as Annexure-2. It is further submitted that confiscation proceeding against the vehicle in question has been initiated on 04.09.2018 and now vide the impugned order dated 26.07.2019, the vehicle of the petitioner has been confiscate and the Superintendent, Excise, Bhagalpur was directed to sell the vehicle in question by putting it in open auction sale and after that deposit the money in the treasury, hence, the petitioner has prayed for quashing of the final order.

(3.) Considering the fact that the final order has been passed by the Collector in the confiscation proceeding and the Act provides an alternative efficacious remedy of appeal against the order passed by the Collector within ninety days before the Excise Commissioner by virtue of Section 92(2) under Chapter IX of the Act, hence, this Court is not inclined to interfere in the matter.