Sakindra Kumar @ Sakindra Das @ ... vs The State Of Bihar, Through The ...
2021 Latest Caselaw 1774 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1948 of 2021
     ======================================================

Sakindra Kumar @ Sakindra Das @ Sakindar Kumar @ Sakindar Das S/o Basudev Ravidas, Resident of Village-Shekhwara, P.S. Magadh University, District Gaya (Bihar).

... ... Petitioner/s Versus

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

2. The District Magistrate cum Collector, Aurangabad.

3. The Senior Superintendent of Police, Aurangabad.

4. The S.H.O. Khudnwa (Khudwan) Police Station, District-Aurangabad.

5. The Investigating Officer, Khudnwa (Khudwan) Police Station P.S. Case No. 24 of 2019, P.S. Khudnwa (Khudwan), District-Aurangabad.

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

For the Petitioner/s : Mr.Shyamal Krishna Sinha, Adv 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 : 25-03-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"That the instant writ application is being filed for set aside the order of the District Magistrate, Aurangabad passed on 10.01.2020 in Excise Case No. 689/2019 and further be pleased to the directing the concerned authority (district magistrate) to release the vehicle i.e (Bolero) bearing Registration No. BR. No. -02 Ad-6473 in favor of the petitioner (owned by petitioner) which has been seized in connection with Khudnwa (Khudwan) Police Station Case No. 24 of 2019 registered for the offences under Section 30(a) 38(ii) Bihar Alcohol Prohibition Amendment Act 2018 and for the other necessary relief/reliefs to which the petitioner may be entitled in the facts of the case."

Patna High Court CWJC No.1948 of 2021 dt.25-03-2021

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 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 vehicle shall not be auction sold.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

ranjan/-

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Uploading Date          30.03.2021
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