Patna High Court
Roushan Kumar Choudhary vs The State Of Bihar on 19 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14399 of 2021
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Roushan Kumar Choudhary, Son of Mahesh Kumar Choudhary, Resident of
Village- Shyam Bazar, Police Station- Bounsi, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary Civil Supplies Department, Government of Bihar,
Patna.
3. The District Magistrate Banka.
4. The Superintendent of Police Banka.
5. The Officer-in- charge, Bounsi Police Station Banka.
6. The Investigating Officer Bounsi P.S. Case No. 140 of 2020.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Alok Ranjan, AC to AAG-5.
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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 : 19-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"1. That the present writ application is being
filed for release of Bolero Pickup Van of the
petitioner bearing Registration No. BR 51G
3844, seized in connection with Bounsi P.S.
Patna High Court CWJC No.14399 of 2021 dt.19-01-2022
Case No. 140 of 2020, registered for the
offence under section 7 E.C. Act and also to
quash the final order of confiscation Case No.
150 of 2020-21 dated 12.02.2021 initiated by
the Collector, Banka as against the seized
vehicle of the petitioner (Annexure-3) and to
further allow the present application with cost
and cost of litigation."
After the matter was heard for some time, learned
counsel for the petitioner does not want to press the present
petition reserving liberty to file appeal before the appropriate
authority.
Prayer allowed.
He may do so within a period of four weeks.
Learned counsel for the State states that if any such
appeal is preferred by the petitioner within the aforesaid period,
limitation shall not come in the way and the appeal shall be
heard on merits, to be decided within a period of three months
from the date of its filing.
We only hope and expect the appropriate authority to
consider and decide the appeal on its own merit and with
reasonable dispatch.
We clarify that we have not expressed any opinion on
facts and law. All issues are left open.
Learned counsel for the parties undertake not to take
any unnecessary adjournment in such proceedings.
Patna High Court CWJC No.14399 of 2021 dt.19-01-2022
The present petition stands disposed of with the
liberty aforesaid.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
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