Ajay Singh vs The State Of Bihar
2021 Latest Caselaw 4761 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15781 of 2021
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Ajay Singh Son of Dhupnarayan Singh R/o Village- Sevti, P.O.- Patharghat, Baurihi, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar Prohibition and Excise Department, Bihar, Patna.

3. The District Magistrate, Patna.

4. The Senior Superintendent of Police, District of Patna, Bihar.

5. The S.H.O. Punpun Police Station, District- Patna.

... ... Respondent/s

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Respondent/s : Mr. Kumar Manish ( Sc5 ) Mr. Prashant Kumar, AC to SC 5 ====================================================== 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 : 21-09-2021

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

" (i) To issue an appropriate order/s, direction/s including a writ preferably in nature of mandamus commanding the respondents to release the vehicle / Ape City + CNG Piaggio vehicle bearing Reg. No. BR01PL-

Patna High Court CWJC No.15781 of 2021 dt.21-09-2021

7419, Chassis No.MBX0007CFYL062505 and Engine No. AMBCSGY3002070 in favour of the petitioner who is owner of the said vehicle seized in Punpun P.S. Case No.116/21 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018 lying in the premises of police station and subject to natural decay by furnishing sufficient security to the satisfaction of learned District Magistrate, Patna.

(ii) For issuance of appropriate writ, order / direction commanding the respondents to release the vehicle of the petitioner during the pendency of the confiscation proceeding a reasonable surety till the disposal of the said confiscation proceeding.

(iii) Any other relief/ s to which the petitioner is entitled in the facts and circumstances of the case."

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 property/ Patna High Court CWJC No.15781 of 2021 dt.21-09-2021

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) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.09.2021
Transmission Date       NA