Patna High Court
Ekram @ Md. Ekram vs The State Of Bihar on 10 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13767 of 2021
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Ekram @ Md. Ekram son of Ismail Resident of Village- Ahilgoan P.S.-
Jalalgarh District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, the Department of Custom and
Excise, the Government of Bihar Patna.
2. The Collector Katihar District- Katihar.
3. The Sub Divisional Magistrate (S.D.M) Barsoi District- Katihar.
4. The Superintendent of Police Katihar District- Katihar.
5. The Deputy Superintendent of Police Katihar District Katihar.
6. The Office In Charge of P.S. Balrampur District Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nadimul Hasan, Advocate
For the Respondent/s : Mr.Vivek Prasad (Gp7)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 10-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"(i) For issuance of an appropriate writ/writs,
order/orders, direction/directions to stay the order dated
12.06.2021 passed in confiscation case no.04/21-22 passed by
Patna High Court CWJC No.13767 of 2021 dt.10-08-2021
the respondent no.3 in which process of oxen of the vehicle
bearing registration no. BR-11PB-5490 chassis No.
MA1TA2TDKK2A 10113, Engine No. TDJ4M 93117 has been
issued against the said vehicle of the petitioner namely Ekram
@ Md Ekram, son fo Ismail of village Ahilgoan, P.S. Jalagarh
District, Purnea, which was seized in connection with Balrampur
P.S. Case No.19 of 2021 on dated 15.02.2021 offence under
Section 30-A of the Bihar Excise Act 2016 and further be
pleased to release the said vehicle of the petitioner White
SCORPIO bearing registration no.BR-11PB-5490, Chassis No.
MA ITA2DKK2A10113 and Engine No. TDJ4M 93117 in
favour of the above named petitioner. And also set aside the
proceeding of the confiscation case no.04 of 2021-2022.
II. Any other relief or reliefs for which the petitioner is
entitled in facts and circumstances of this case."
Petitioner has approached this Court without exhausting
the statutory remedy of appeal against the impugned order, as
such, petitioner is granted liberty to avail the remedy of appeal
against the confiscation order passed by the Confiscating
Authority- cum- District Magistrate, before the Appellate
Authority and if any such appeal is filed within 4 weeks then
appellate authority shall condone the delay in filing the appeal
and shall decide the appeal on its own merit preferably within 8
weeks from the date of its filing.
During pendency of appeal, the confiscated property/
vehicle shall not be auction sold, if not already auction sold.
Patna High Court CWJC No.13767 of 2021 dt.10-08-2021
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.08.2021
Transmission Date NA
