Arun Kumar vs The State Of Bihar
2021 Latest Caselaw 1391 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.470 of 2021
                                           In
                  Civil Writ Jurisdiction Case No.14144 of 2019
     ======================================================

Arun Kumar Son of Umesh Sah Resident of Village- Pir Maker, P.O.-Pir Maker, P.S.-Maker, District- Saran at Chapra.

... ... Petitioner/s Versus

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

of Bihar, Old Secretariat, Patna.

2. The District Magistrate Saran at Chapra.

3. The Superintendent of Police Saran at Chapra.

4. The S.D.H.O. Maker Police Station, Dist. Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 10-03-2021

Petitioner has prayed for the following relief(s):

"For modifying the order dated 25.06.2020 passed in C.W.J.C. No. 14144 of 2019. After extension of time allow the petitioner to appear before the authority where case is pending for release of vehicle Hero Splendor Plus Motorcycle Registration No. BR04V7530, Chassis No. MBLHAR075HHC- 47905, Engine No. HA10AGHHC53056 belongs to the petitioner, which has been seized by A.S.I. Maker Police Station (arising out of Maker P.S. Case No. 137/2018) dated 16.09.2018 registered under section Patna High Court MJC No.470 of 2021 dt.10-03-2021

188, 272, 273, 308 of the I.P.C. and 30/30(a)/41/47 of Bihar Prohibition and Excise Act, 2016 which was seized by ASI Maker Police Station pending in the Court of 6th A.D.J. (Excise) Special Court, Saran at Chapra which is laying in the open Sky without any care."

This case has been listed under the heading "To be

Mentioned" at the instance of learned counsel for the petitioner

for extension of time granted to the petitioner to appear before

the Collector-cum-Confiscating Authority vide order dated

25.06.2020 passed in C.W.J.C. No. 14144 of 2019.

However, it is submitted on behalf of the State that

final order of confiscation has already been passed by the

District Magistrate-cum-Confiscating Authority.

As such, the writ application (CWJC No. 14144 of

2019), filed for interim release of the vehicle, has become

infructuous.

Accordingly, the present application is disposed of

with liberty to the petitioner to file appeal before the Appellate

Authority against the order passed by the Confiscating Authority

and if any such appeal is filed within a period of four weeks, the

delay in filing the appeal shall be condoned as the matter

remained pending before this Court and the Appellate Authority Patna High Court MJC No.470 of 2021 dt.10-03-2021

shall decide the appeal within 60 days from the date of filing of

the appeal.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/P.K.P AFR/NAFR CAV DATE Uploading Date 16.03.2021 Transmission Date