Ankit Anand, Bhagalpur
The car was confiscated and auctioned after liquor was recovered from the car by the Banka Prohibition Department. The matter is of two years back. At the same time, Patna High Court has given a big decision in this matter. The car auctioned after the seizure has now been ordered to be returned. At the same time, an order has also been given to pay 50 thousand compensation to the petitioner.
Liquor was recovered from a car during checking
The team of the Prohibition Department of Banka district recovered 1.25 liters of liquor from a car during checking. The matter is of two years back. After registering the case in the matter, the process of seizing the vehicle and recovered liquor was done. The car owner gave a petition from the district administration to the Excise Commissioner demanding an inquiry into the matter and taking appropriate action.
Banka’s then DM Suharsh Bhagat got the auction done
On behalf of the Excise Commissioner, after examining the matter and hearing the side of the applicant, it was directed to pass a fresh order. Here, during the pendency of the said appeal, the then DM of Banka, Suharsh Bhagat, issued an order to auction the said vehicle five months after the incident and the vehicle was auctioned.
Banka police chased Bihar government’s boarded vehicle, police station alerted in Bhagalpur and caught, know the matter
now have to pay compensation
The applicant went to the High Court regarding the said matter. After the hearing there, gross negligence of the department and the administration came to the fore in the whole matter. The High Court directed to get back the auctioned car. Along with this, a compensation of Rs 50 thousand has also been ordered.
What was the appeal of the petitioner:
Sandeep Kumar, a resident of Rannuchak, Akbarnagar, Bhagalpur district, is the owner of the auctioned car (WagonR BR 01 EV 5108). In the petition given by him in the High Court, it was appealed that on December 1, 2020, when his brother was returning from Deoghar in his car, the police present at the Bhaljor check post in Banka district recovered about 1.250 liters of foreign liquor from his car. had claimed.
In the said case, the vehicle was seized after registering an excise case. He appealed in many places regarding the matter and the DM was also directed to investigate the matter. The petitioner said that his vehicle was auctioned maliciously during the appeal proceedings itself. While the vehicle could not be auctioned during the pendency of the appeal.
What the High Court ordered:
After hearing the case, the Patna High Court, while giving its verdict, ordered that the vehicle seized in undue haste under the Act was auctioned contrary to the statutory procedure. The auction sale order given to auction the said vehicle should be canceled with immediate effect. Along with this, 50 thousand rupees should be given as compensation for the wear and tear in the vehicle of the petitioner as well as in the vehicle. This should be done within four weeks from the date of issue of the order.
Banka DM said..
The order received from the High Court will be complied with at all costs. The auction order letter under which the vehicle was auctioned will be canceled and the auctioned vehicle will be returned to the vehicle owner. Also, as per the order of the court, compensation of Rs 50,000 will be handed over to the petitioner after allotment of funds by the department for providing it.
Anshul Kumar, DM, Banka.
bole product superintendent
High Court order has been received. Court orders will be followed. Further action is being taken in the matter after consulting the department.
Arun Kumar Mishra
Product Superintendent, Banka
Published By: Thakur Shaktilochan
