SUMITRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both the parties.

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

(3.) As per the prosecution case, there is alleged recovery of 36.300 litre of illicit foreign liquor from the shop of petitioner which was being run by one Rahul Kumar @ Ramu Kumar who was arrested with Bablu Kumar, the son of petitioner. On the basis of aforesaid fact, Excise Case No.684 C2/2023 has been registered on 1/8/2023 under Sec. 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended in 2018). The shop of petitioner was sealed on 1/8/2023, the area of which is 0.558 decimal and valuation of the said land has been ascertained to be Rs.4,74,300.00 by Circle Officer, Lakhisarai and total valuation of sealed area was estimated as Rs.4,42,017.00 by Executive Engineer, Building Division, Lakhisarai. The petitioner submitted application for release of premises (Form V) under Rule 12-B of Bihar Prohibition and Excise Rules, 2021. In confiscation proceeding being Confiscation Excise Case No.26 of 2024 vide Memo No.1550 dtd. 10/9/2024 has directed the petitioner to deposit a fine of Rs.9,16,317.00 (100% value of sealed land and shop). Respondent no.3 has passed the final order without hearing the petitioner.