Patna High Court
Aman Kumar vs The State Of Bihar on 25 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5506 of 2021
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Aman Kumar, Son of Kashmir Chand, Resident of House No. 325, Ward No.
119/8, Tibba Colony, Ratia, P.S.- Ratia, District- Fatehabad (Haryana),-
125051.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The Principal Secretary, Home Department, Government of Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The Excise Commissioner, Department of Excise, Government of Bihar,
Patna.
5. The Inspector General of Police, Bihar, Patna.
6. The Collector-cum-District Magistrate, Gopalganj, District- Gopalganj.
7. The Superintendent of Police, Gopalganj, District- Gopalganj.
8. The Excise Superintendent of Police, Gopalganj, District- Gopalganj
9. The Station Head Officer (SHO)-cum Police Inspector, P.S.- Barauli,
District- Gopalganj.
10. The Investigating Officer, Barauli, P.S. Case No. 259 of 2019, P.S.- Barauli,
District- Gopalganj
... ... Respondent/s
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(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. Nityanand Mishra, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P. 7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 25-05-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
I. "For issuance of an appropriate writ/writs,
Patna High Court CWJC No.5506 of 2021 dt.25-05-2021
order/orders, direction/directions in the nature of
mandamus, commanding/directing the respondent
authorities specially the Collector-cum-District
Magistrate, Gopalganj (respondent no. 6) to
release/hand over the seized Car (Sedan) bearing
TOYOTA ETIOS vehicle Registration No. HR-59D
7654, Engine No. 1ND1A15874, Chassis No.
MBJB49BT800145689-1116 to the petitioner, which
has been seized on 20.07.2019 by the S.H.O.-cum-
Police Inspector, P.S. Barauli, District- Gopalganj
(respondent no. 9) and kept for Exhibits by the police
personnel in concerned police station in connection
with the F.I.R. bearing Barauli P.S. Case No.
259/2019 dated 20.07.2019 (Annexure-9) for the
offences under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016 which has been illegally lodged
against the petitioner who is bonafide owner of the
said vehicle.
II. For further commanding/directing the respondent
authorities specially the Collector-cum-District
Magistrate, Gopalganj (respondent no. 6) not to make
auction of the said seized vehicle i.e. the Car (Sedan)
bearing TOYOTA ETIOS GD vehicle Registration
No. HR-59D-7654, Engine No. 1ND1A15874,
Chassis No. MBJB49BT80014568-1116 through the
Confiscation Case No. 476/2019 which has been
initiated regarding the said seized vehicle.
III. For further any other relief/reliefs for which the
petitioner is entitled to in accordance with law."
It has been submitted by learned counsel for the
petitioner that final order of confiscation has been passed by the
Patna High Court CWJC No.5506 of 2021 dt.25-05-2021
confiscating authority in Confiscation Case No. 476 of 2019 and
steps are being taken for auction of the confiscated vehicle
although no notice of confiscation proceeding was ever served
upon the petitioner.
However, it has been submitted by learned counsel
for the State that the confiscated vehicle has already been
auction sold and same has been purchased by the auction
purchaser and possession of the vehicle has been handed over to
him.
The writ petition is disposed with liberty to
petitioner to file a petition for recall of ex parte order and if the
confiscating authority comes to a finding on the basis of records
that there was no proper and valid service of notice upon the
petitioner, he may recall the ex parte order and shall pass a fresh
order after affording opportunity to the petitioner to file his
show cause and shall pass final order after hearing all the parties
including the auction purchaser.
However, if the Confiscating Officer finds that in
spite of valid service of notice, petitioner did not contest the
proceeding, he shall dismiss the recall petition and petitioner
shall have liberty to file appeal against the order of confiscation
of the vehicle passed by the Confiscating Authority before the
Patna High Court CWJC No.5506 of 2021 dt.25-05-2021
Appellate Authority, who shall decide the appeal in accordance
with law.
With the aforesaid observation and liberty, the writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.05.2021
Transmission Date NA
