RAKESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant petition, petitioner has prayed for the following reliefs:

(2.) Petitioner's immovable property bearing Khata No.163, Survey No.2137, Mauja ' Dhenuki, Thana No.-144 having total area of land 1 Kattha 5 Dhur and house is constructed upon 14 dhur under the Madhaura Police Station, Saran is stated to have been confiscated in Madhaura P.S. Case No.805 of 2022 on 18/12/2022 for the alleged offence under the Excise Act, mainly Sec. 30(a) of the Bihar Prohibition and Excise (amended Act, 2018).

(3.) The petitioner, who is owner of the aforementioned immovable property had lent the property to Purushottam Kumar in the light of the agreement dtd. 15/11/2022. Therefore, subject matter of premises was under the control of Purushottam Kumar as on 18/12/2022 the date of alleged offences. In this backdrop, the officials of the respondent proceeded to undertake confiscation proceedings and it was confiscated on 17/7/2023, in which the subject matter of premises was confiscated.