IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6406 of 2023
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Md. Salim, Son of Mumtaj Ahmad, Resident of Sisai Tola, Bhatawaliya, P.S. Bhorey, Distt. - Gopalganj.
... ... Petitioner/s Versus
1. The State of Bihar through Principal Secretary, Department of Prohibition and Excise, Vikash Bhawan, Bihar, Patna.
2. The District Magistrate, Siwan.
3. The Superintendent of Police, Siwan.
4. The Officer-in-Charge, Mairwa Police Station, Dist - Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-05-2023
1. The petitioner is concerned with his vehicle bearing Engine No. REVTRN10PXXMM7555, Chassis No. MAT634021NPP23129, which was seized on account of registration of Mairwa P.S. Case No. 49 of 2023 dated 19.02.2023. The crime was registered because quantity of 90.600 litres of IMFL was recovered from the vehicle.
2. The petitioner apprehends confiscation and the learned government pleader submits that the confiscation proceedings will be initiated immediately after the seizing officer forwards the report to the confiscating authority.
Patna High Court CWJC No.6406 of 2023 dt.01-05-2023 2/2
3. In the above circumstances, the seizing authority shall take expeditious steps, especially considering the FIR being registered in the month of Feburary. The petitioner shall produce a certified copy of this judgment before the District Collector, who shall, if the report is not already received, ensure that the report is received within 2 weeks from the date of production of this judgment. The confiscation proceeding shall be proceeded with after issuing notice to the petitioner and completed within a period of three months from the date of hearing. The petitioner will also be entitled to file an application under Rule 12A before the District Collector, if he desires so.
4. Writ petition is disposed of without any observation on the merits.
(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shashank/sumit-
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