Sanjit Ray vs The State Of Bihar
2021 Latest Caselaw 4064 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13874 of 2021
     ======================================================

Sanjit Ray, S/o Ramyatan Ray, Resident of Village-Uphraul, P.S.-Desari, District-Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary Excise Department, Bihar, Patna.

2. The Divisional Commissioner, Excise Department, Division Muzaffarpur.

3. The District Magistrate, Vaishali.

4. The Sub divisional Magistrate, Mahanar, District-Vaishali.

5. The Superintendent of Police, Vaishali.

6. The Officer-in-charge, Desari, P.S., District Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate For the Respondent/s : Mr.Vikash Kumar (SC-11) ====================================================== 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 the following relief(s).

" (I) That in this writ application the petitioner prays for issuance of writ of cetiorari for quashing the order dated 19.04.2021 passed in Confiscation Case No. 55/2021 (State Vs. Sanjit Ray) by which the Splendor + motorcycle bearing Regd. No. BR31AD9156, Chasis No. MBLHAR077JHE12858, Engine No. HLOAGJHE14517 was confiscated and directed to put auction as contained in Annexure-4 of this writ application without considering that petitioner failed to appear in Confiscation Proceeding Patna High Court CWJC No.13874 of 2021 dt.10-08-2021

because of the warrant of arrest was issued against him in the same case in which this said vehicle was seized and was seeking privilege of anticipatory bail from this Hon'ble Court."

It has been submitted by learned counsel for the

petitioner that final order of confiscation has been passed by the

confiscating authority in Confiscation Case No. 55 of 2020-21

although no notice of confiscation proceeding was ever served

upon the petitioner.

The writ petition is disposed with liberty to

petitioner to file a petition for recall of ex parte order and if the

confiscating authority comes to a finding on the basis of records

that there was no proper and valid service of notice upon the

petitioner, he may recall the ex parte order and shall pass a fresh

order after affording opportunity to the petitioner to file his

show cause and shall pass final order after hearing both the

parties.

However, if the Confiscating Officer finds that in

spite of valid service of notice, petitioner did not contest the

proceeding, he shall dismiss the recall petition and petitioner

shall have liberty to file appeal against the order of confiscation

of the vehicle passed by the Confiscating Authority before the

Appellate Authority, who shall decide the appeal in accordance

with law.

Patna High Court CWJC No.13874 of 2021 dt.10-08-2021

With the aforesaid observation and liberty, the writ

petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

veena/rajiv-

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