Hafshan Naaz vs The State Of Bihar
2021 Latest Caselaw 6405 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17543 of 2021
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Hafshan Naaz, Daughter of Md. Salahuddin, Wife of Md. Hasan, resident of mohalla - New Karimganj, Near - Railway Lane, Police Station- Civil Line, District - Gaya. ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Home Department, Govt.

of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Superintendent of Police, Gaya.

4. The Superintendent of Excise Prohibition, District - Gaya.

5. The Investigation Officer Excise Prohibition, Gaya.

6. The Sub- Inspector Excise Prohibition, Gaya.

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

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the Respondent/s : Mr. Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 23-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

"(i) For issuance of writ/writs, order/orders, direction/directions in

the matter of mandamus commanding upon the respondent authorities to

release the vehicle of the petitioner, i.e., Mahindra Bolero Pick Up Van

bearing Registration Number BR02GB-1571, Engine No.TBJ1B31830 and

Chassis No.MA1ZN2TBKJ1B07022 which has been seized in connection

with Sherghati (Dobhi) P.S. Case No.650/2020 dated 19.12.2020 under

Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.17543 of 2021 dt.23-12-2021

(ii) For issuance of any other appropriate writ/writs, order/orders, direction/directions, which your Lordships may deem fit and proper in the fact and circumstances of the petitioners 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.

With aforesaid liberty, the writ petition is disposed of.

                                                 (Sanjay Karol, CJ)


                                                     ( S. Kumar, J)
Sanjay/-Ranjan
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