Statement of facts for filing counter affidavit in C.W.J.C No………………..

/2021, Ravi Chaudhary

and others. Versus The State of Bihar & others on behalf of Respondent no. 4 are as follows:-

1. That the instant writ petition has been filed on behalf of the petitioner for quashing the
order dated 31-08-2021 passed by the learned Additional Chief Secretary, Dept. Of
Prohibition and Excise, Bihar, Patna by which the petitioner’s revision (Excise) case No.
108/2021 has been dismissed and the order dated 05-07 -2021 passed by the respondent
No.3 in Excise Appeal case No 359/2021 was upheld. The petitioner’s further grievance is to
quash the order dated 05-07-2021 passed by the respondent no.3 in Excise appeal case No
359/2021, where by the order dated 06-04-2021 passed by the Additional Collector, Nalanda
in confiscation Excise case no 91/2021 was upheld, by which petitioner’s house constructed
over Khata No. 156, Khesra No. 953, Area 01 decimal at mauza sipah thana no. 94, was
ordered to be confiscated, was approved.
A photocopy of order dated 31-08-2021 passed by
the learned Additional Chief Secretary, Dept. Of
Prohibition and Excise, Bihar, Patna in Revision
(Excise) case No. 108/2021, order dated 05-07-2021
passed by the respondent no. 3 Excise Appeal case
no 359/2021 and order dated 06-04-2021 passed by
the Additional Collector, Nalanda in confiscation
(Excise) case no 91/2021 are annexed herewith and
marked as Annexure A, B and C respectively.

2. That the facts in brief as indicated in the present writ petition is that on the basis of self
recorded statements given by the S.H.O Laheri P.S an F.I.R bearing Laheri P.S case No.
95/2020 dated 01.03.2020 u/s 30 (a) of the Bihar Prohibition and Excise Act 2016 was
registered, mentioning there in that on 01-03-2020 on a secret information a raid was
conducted in the house of the petitioner following the requirement of the law and during
search total 140.580 litres foreign liquor was recovered from the petitioner’s house.
Thereafter seizure list was prepared in presence of two independent witnesses and the
petitioner’s house was sealed by the police in accordance with the law.
3. That it is pertinent to mention here that in compliance to the provision laid down u/s 58 of
the Bihar Prohibition and Excise Act, 2016 a proposal was submitted before the Additional
Collector, Nalanda vide letter no. 221 dated 06-04-2021 issued by the respondent no. 6 for
confiscation of the petitioner’s house, which was used for storing the illicit liquor. On the
basis of the said proposal, a proceeding under Confiscation (Excise) case No 91/2021 was
initiated by the Additional Collector, Nalanda. It is relevant to mention here that a notice
was served upon the F.I.R named accused Ravi Chaudhary and Bablu Kumar, who appeared
and filed show cause denying the allegation. However being dissatisfied with the show cause
and considering the allegation serious in nature the respondent Additional Collector,
Nalanda confiscated the sealed house vide order dated 06-04-2021. However in view of the
facts and circumstances as well as recovery of illicit liquor the house appearing to Khata No
156, Khesra No 953 was ordered to be confiscated vide order dated 06-04-2021 passed by
the Additional Collector, Nalanda.
 A photocopy of letter no. 221 dated 06-04-2021
issued by the respondent no. 6 is annexed herewith
and marked as the Annexure D

4. That the confiscation order was challenged by the petitioner by filing Excise Appeal Number
359/2021 before the respondent no. 3 which was dismissed by the order dated 05-07-2021
and subsequently Excise Revision Case 108/2021 filed on behalf of the petitioner was also
dismissed by the respondent no. 2 by upholding the orders of the confiscating authority and
appellate authority.
5. That it may not be out of place to mention here that offences under excise act related to the
public health and law and order as well, which is also against the policy of the state govt. as
the govt. has declared complete prohibition of liquor in whole state in the interest of welfare
of public in general, where as the petitioner’s conduct by storing the illicit liquor in his house
is not only against the law but also against the policy of the govt. which is at present in top
priority.
6. That the statements made in paragraph 1 and 2 of the writ petition related to the
grievances and questions of law formulated by the petitioner have to be considered by the
Honorable Court require no comment.
7. That the statements made in Paragraph 3 of the writ petition require no comment.
8. That the statements made in Paragraph 4 to 20 of the writ petition related to the matter of
records and facts as stated above in earlier paragraphs require no further comments.
9. That the statements made in Paragraph 21 to 22 of the writ petition require no comments.
10. That in view of facts as stated here in above this writ petition has got no merit and is fit to be
dismissed.