Shiv Ratan Ray vs The State Of Bihar
2021 Latest Caselaw 4679 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15852 of 2021

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Shiv Ratan Ray, son of Vechan Ray @ Vachan Ray @ Bechan Ray, resident of Village- Sujatpur, Ward No.- 9, Madhwapur, Madhubani, P.S.- Madhwapur, Dist- Madhubani.

... ... Petitioner/s Versus

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

2. The Collector/District Magistrate, Sitamarhi.

3. The Superintendent of Police, Sitamarhi.

4. The Excise Superintendent, Sitamarhi.

5. The Sub-Inspector Excise, Sitamarhi.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Respondent/s : Mr. Vivek Prasad, GA-7

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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 : 16-09-2021

This petition was filed on 04.09.2021, which was

registered and listed immediately, and is taken up today for

hearing.

Heard learned counsel for the parties. Patna High Court CWJC No.15852 of 2021 dt.16-09-2021

Petitioner has prayed for following relief:-

"That, this application is being filed for

release of Tata Magic vehicle bearing registration no.

BR06GC-8637, which belongs to the petitioner and

has been seized in connection with C2 case no.-

377/2020, dated-15/10/2020 registered for an offence

u/ss-30(a) Bihar Prohibition and Excise Act 2016 by

the respondent no.-2, in connection with Confiscation

case no. 451/2020 after quashing the order dated

18/01/2021 which has passed by the District

Magistrate Sitamarhi who pleased to reject the

application filed by the petitioner for release of his

seized Tata Magic vehicle."

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, if not already auction sold.

Patna High Court CWJC No.15852 of 2021 dt.16-09-2021

With aforesaid liberty, the writ petition is disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Shageer/-

AFR/NAFR
CAV DATE
Uploading Date          21/09/2021
Transmission Date