VIJAY KUMAR CHOUDHARY @ VIJAY CHOUDHARY S/O LATE RAM KRISHNA CHOUDHARY Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY REGISTRATION EXCISE AND PROHIBITION DEPARTMENT GOVERNMENT OF BIHAR PATNA

JUDGEMENT

(1.) Heard Mr. Raghunandan Prasad Singh, learned counsel for the petitioner and Mr. Kumar Pankaj A.C. to S.C.5 for the State.

(2.) The petitioner is aggrieved by the order dated 22.06.2017 passed by the District Magistrate, Rohtas cum Confiscating Officer, Rohtas whereby the motorcycle (Hero Passion Pro) of the petitioner bearing Registration No. BR-24J-8807 has been confiscated for alleged offences punishable under the prohibition of Excise Act, 2016. The recovery is of 20 pouches each containing 200ml. of country liquor.

(3.) When this matter came up for consideration on 06.02.2019, Mr. Singh learned counsel for the petitioner while submitting that the order is ex parte invited the attention of this Court to the confiscation order to submit that even when the show cause was submitted by the petitioner only on 16.12.2017 vide Annexure-4 that the confiscation order which was passed on 22.06.2017 has taken notice of the same which apparently shows that the order is ante dated. It is bearing note of such glaring default that the Collector was put on notice to explain as to how he had taken note of a show cause reply in his order dated 22.06.2017 which show cause reply was filed by the petitioner only on 16.12.2017.