ADARSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Briefly stated, the facts of the case is that on 10/2/2023, the informant got secret information that some vehicles are coming with illicit liquor. Accordingly, checking of the vehicles were started. It is alleged that during that course from the vehicle of the petitioner bearing Registration No. JH-10CL-0325, 17.28 litres of country made liquor was seized and the petitioner was apprehended from the spot. On the basis of the aforesaid facts, Badahiya P.S. Case No. 31 of 2023 dtd. 10/2/2023 was instituted under Sec. 30(a) of the Bihar Prohibition and Excise Act, 2018.

(3.) It is submitted by learned counsel for the petitioner that petitioner is only the owner of the vehicle in question. The fault of the petitioner was that he gave lift to one Kumari Pratima Rani, without knowing this fact that she was carrying illicit liquor. The petitioner was remained in custody in connection with the above mentioned case and he has been released on bail by a coordinate Bench of this Court vide order dtd. 10/5/2023 passed in Cr. Misc. No. 22776 of 2023. The petitioner had approached this Hon'ble Court vide C.W.J.C No. 4793 of 2024 for release of his vehicle, which was disposed of with a direction to approach the concerned authority under Rule 12 A of the Rules, 2021 read with amended sub Rule (2) of Rule 12 A in the year 2022 and 2023. The petitioner, thereafter filed a fresh application before the District Magistrate, Lakhisarai but inspite of such representation, no decision was taken. Now the respondent authority has passed the order vide memo no. 352 dtd. 13/4/2024 by which the earlier fine of Rs.4,00,000.00(Four Lakhs) imposed by them has been sustained on the ground that there is difference in signature of the petitioner in the previous petition filed by him and the petition filed under Sub Rule (2) of Rule 12A of the Bihar Prohibition and Excise Rules, 2021. It is further submitted that the respondent authorities, while passing the order did not appreciate Rule 12A (2) of the Bihar Prohibition and Excise Rules, 2021, in which the quantum of recovered liquor is one of the key factors which has to be considered while imposing the penalty over the seized vehicle under the Bihar Excise and Prohibition Amendment Act, 2018.