Sajjan Kumar Roy @ Sanjay Kumar Roy ... vs The State Of Bihar
2021 Latest Caselaw 2517 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7698 of 2021
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Sajjan Kumar Roy @ Sanjay Kumar Roy @ Sajay Ray Son of Amresh Roy, Resident of village- Sindhiya Basti( Hansada Basti), Gulabbagh, P.S. Sadar, District- Purnia.

... ... Petitioner/s Versus

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

2. The District Magistrate-Cum-Collector, Purnia.

3. The Senior Superintendent of Police, Purnia.

4. The S.H.O., Amour Police Station, Purnea.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s : Mr.Nishant Kumar Sinha, Adv 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)

Date : 22-06-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

"For directing the concerned respondent to release the Tempu having Registration No. BR-11PA-4896 in favour of the petitioner arising out of Amour PS Case No.230 of 2018, whereby and whereunder the confiscation proceeding has been initiated as confiscation case no. 158 of 2019 before the Collector, Araria, and confiscated vide order dated 13.12.2019 (Annexure-3) and the said vehicle is lying in open space of the police station Amour since07.12.2018 as it was seized for the offences under section 30(a) of the Bihar Prohibition and Excise Act, 2016."

Patna High Court CWJC No.7698 of 2021 dt.22-06-2021

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 8 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 vehicle

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

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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