Patna High Court
Santosh Kumar vs The State Of Bihar on 25 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5594 of 2021
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Santosh Kumar, Son of Shri Lakhi Rajak, Resident of Village- Dan Nagar,
Ward No.- 6, Police Station and District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Registration, Excise and Prohibition, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Collector, cum- District Magistrate, Jamui.
4. The State of Bihar through the Director General of Police, Bihar.
5. The Superintendent of Police Station, District- Jamui.
6. The S.H.O. of Chakai Police Station, District- Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amar Anand, Advocate
Mr. Arun Kumar Tiwary, Advocate
Mr. Prashanti Kumari, 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):-
"For issuance of direction/directions, order
or orders commanding upon the respondents
to set aside the orders of Excise
Commissioner, Bihar, Patna in appeal no.
167 of 2020, against confiscation order of
the vehicle of the petitioner vide Hyundai
i10 four wheeler Engine No.- G4LAHM-
Patna High Court CWJC No.5594 of 2021 dt.25-05-2021
524326 and Chassis No. MALA-
851CLHM684349 which has been seized by
the Chakai P.S. Police District- Jamui in
connection with F.I.R. No. 35/18 dated
17.03.2018 G.R. No. 800/18 J.M., Jamui
which has been instituted on the basis of
written report of Ram Prakash Ram A.S.I.
Chakai P.S. U/s 273/34 I.P.C. 30(a) Bihar
Excise Act, 2016. The appeal has been filed
before the Excise Commissioner, Bihar
Patna in Jamui Confiscation Case No.
99/2018 of the District Magistrate cum-
Collector, Jamui who has passed the order
dated 08.11.2019 to confiscate the above
said vehicle which has been was challenged
in the appellate court of Excise
Commissioner, Bihar, Patna vide Appeal
Case No. 167 of 2020 and dismissed the
appeal on 22.12.2020.
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 8 weeks, then Revisional
Authority shall condone the delay in filing the revision petition
and shall decide the revision petition preferably within 8 weeks
from the date of its filing on its own merit.
Patna High Court CWJC No.5594 of 2021 dt.25-05-2021
During pendency of revision petition, confiscated
property 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)
veena/rajiv-
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