Md. Zaffar Imam vs The State Of Bihar Through The ...
2021 Latest Caselaw 6443 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.17677 of 2021
     ======================================================

Md. Zaffar Imam, Son of Hafiz Motiul Haque Salfi, Resident of Ward no. 2, Barewa, P.O. Chandanbara, Police Station- Dhaka, District- East Champaran (Motihari).

... ... Petitioner/s Versus

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

2. The Excise Commissioner Bihar, Patna.

3. The Collector, District - East Champaran, Motihari.

4. The Superintendent of Excise District- East Champaran, Motihari.

5. The Officer - in - Charge, Police Station- Kundwa Chainpur, District- East Champaran, Motihari.

6. The Officer- in - charge, police Station- Dhaka, District- East Champaran, Motihari.

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

For the Petitioner/s : Mr.Arvind Kumar, 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)

Date : 23-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

"That the application is being filed for issuance of an appropriate writ/writs, direction/directions commanding the respondents authorities to release the vehicle in question which is New Hero Glamour Motorcycle bearing Registration No. BR-

22-Y-0299 (Fake No. BR-05-S-8159) Engine No. JA06EJGGC 37282 Frame No. MBLJA06AMGGC27343 in favour of the petitioner who is the the registered owner of the said vehicle that has been seized in Kundwa Patna High Court CWJC No.17677 of 2021 dt.23-12-2021

Chainpur P.S. Case No. 142/2021 dated 29.06.2021 for the offences under section 30(A), 41(1) of Bihar Excise and Prohibition Amended Act 2018."

Petitioner has approached this Court without availing

the statutory remedy of revision against the impugned appellate

order, as such, liberty is granted to petitioner to file revision

against the appellate order before the Revisional Authority and

if any such Revision is filed within 4 weeks, then Revisional

Authority shall decide the revision petition preferably within 8

weeks from the date of its filing on its own merit.

During pendency of revision petition, confiscated

vehicle shall not be auction sold, if not auction sold.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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