Patna High Court
Ashok Choudhary vs The State Of Bihar on 13 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14597 of 2021
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Ashok Choudhary, son of Late Laxmi Narayan Choudhary, resident of Ward
No. 8, Near Ram Janki Mandir, Ekmi Ghat, P.S. Bahadurpur, District -
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Secretary Home (Police), Department of
Bihar, Patna.
2. The Principal Secretary, Excise and Prohibition Department, Government of
Bihar, Patna.
3. The District Magistrate, Darbhanga.
4. The Director General of Police, Bihar, Patna.
5. The Superintendent of Police, Bhojpur.
6. The S.H.O. Bahadurpur, Police Station, District - Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amarendra Narayan
For the Respondent/s : Mr. Vikash Kumar (Sc-11)
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
Date : 13-09-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"That this writ petition is being filed for issuance
of writ of appropriate nature, order or direction
quashing/setting aside the order of Commissioner
Excise Bihar, Patna dated 18.06.2021 passed in Excise
Appeal Case no. 313/2021 (Ashok Kumar Choudhary vs
Patna High Court CWJC No.14597 of 2021 dt.13-09-2021
Collector Darbhanga & Ors) affirming confiscation
order of the Collector Darbhanga dt. 18.12.2020 passed
in Confiscation case no. 209/2020 (Arising out of
Bahadurpur P.S Case no. 134/2020), confiscating
petitioner's Blue and white color Apache Motorcycle
bearing Registration No. BR07AK-7634, Chassis No.
MD637CE77K2100800, Engine No. CE7LK2300834
seized by the respondents.
The petitioner also prays for consequential orders
for quashing of the order of the Collector Darbhanga
dt.18.12.2020 passed in Confiscation case no.
209/2020(Arising out of Bahadurpur P.S. Case no.
134/2020); and for issuance of writ of appropriate nature
commanding respondents to release the Blue and white
color Apache Motorcycle bearing Registration No.-
BR07AK-7634, Chassis No. MD637CE77K2100800,
Engine No. CE7LK2300834 seized by the respondents
in connection with Excise Case No. 209/2020 arising
out of Bahadurpur P.S. case No. 134/2020 for the
alleged offences under section 30(a) of the Bihar
Prohibition and Excise Act, 2016; The petitioner also
prays for issuance of other appropriate writ/writs,
direction/directions, order/orders in the facts and
circumstances of this case."
Petitioner has approached this Court without availing
the statutory remedy of revision against the impugned appellate
Patna High Court CWJC No.14597 of 2021 dt.13-09-2021
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 4 weeks, then Revisional
Authority shall decide the revision petition preferably within 8
weeks from the date of its filing on its own merit.
During pendency of revision petition, 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)
Shageer/-
AFR/NAFR
CAV DATE
Uploading Date 17/09/2021
Transmission Date
