SUNAINA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking following reliefs:-

(2.) The relevant facts of the case, as emerging from the record, are that on 17/9/2020, Excise Case No. 253 of 2020 was lodged against two accused persons, namely, Satyendra Kumar and Sunil Yadav alleging that both the accused were riding a motorcycle bearing Registration No. BR01ES-9645 on N.?.-28. When they were stopped by the police, 13.900 litres of Indian Made Foreign Liquor were seized from the bag on search. The bag was kept in the hand of accused Sunil Yadav, who was sitting as a pillion. On query, it was also stated by accused Satyendra Kumar that the alleged motorcycle is registered in the name of his wife, Sunaina Devi, who, subsequently, moved this Court in C.W.J.C. No. 15051 of 2021, wherein, this Court passed the following order.

(3.) In pursuance to the aforesaid order of this Court, the petitioner approached the District Magistrate, Gopalganj. However, vide impugned order dtd. 19/11/2021, passed in Confiscation (Excise) Case No. 700 of 2020, the District Magistrate, Gopalganj, held that the confiscation proceeding has already been started with regard to the vehicle in question and the same was concluded on 25/2/2021 and hence it would not be appropriate to again pass any order. However, he suggested the petitioner to file an appeal against the order.