Patna High Court
Sanjay Kumar vs The State Of Bihar on 2 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17583 of 2022
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Sanjay Kumar S/o Bino Yadav, resident of Village- Ward No. 14, near School,
Keshbe, P.S.- Barauni, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Bihar, Patna.
2. The Collector-cum- District Magistrate, Samastipur.
3. The Superintendent of Police, Samastipur.
4. The Dy. S.P., Samastipur.
5. The Officer- Incharge, Samastipur Town P.S., District- Samastipur.
6. Yashwant Kumar, son of Lakshman Mahto, resident of Village- Kewas Jagir,
P.S.- Muffasil, District- Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Respondent/s : Mr.Vivek Prasad GP-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-02-2023
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(i) For issuance of any appropriate writ or writs,
rule or direction specially in the nature of
mandamus directing the respondent District
Magistrate Samastipur to release the vehicle
bearing its Registration No. WB37E-9331 (Oil
Tanker) which has been seized in connection with
Samastipur Town P.S. Case No. 37/2021 dated
15.02.2021 alleged offfences under sections 279,
337, 427 of the IPC and Section 37(c) of the Bihar
Patna High Court CWJC No.17583 of 2022 dt.02-02-2023
Prohibition and Excise Act (Amendment) Act.
(ii) For issuance of any appropriate writ or writs,
rule or direction especially in the nature of
mandamus directing the respondent District
Magistrate, Samsatipur to release the seized vehicle
of the petitioner in the light of certain provisions
amendment in 2022 in Bihar Prohibition and
Excise Act as the petitioner being owner of vehicle
in question is ready to deposit the alleged penalty
accordance with law.
(iii) For issuance of any appropriate writ or writs,
rule or direction as your Lordships may deem fit
and proper to the fact and circumstance es of the
case as well as for which the petitioner may be
found entitled there too."
FIR stands registered under sections 279, 337, 427
of the Indian Penal Code and Section 37(C) of Bihar Prohibition
and Excise (Amendment), Act (hereinafter referred to as "the
Act").
Undisputedly, in so far as the proceeding under
the Prohibition Act is concerned, the vehicle could not have
been seized. As such, no direction for release of the vehicle
under the said provision can be issued.
However, since the vehicle also stands seized
under the penal laws of the land, it is only appropriate that the
petitioner file an appropriate application before the competent
court dealing with the FIR in Samastipur Town P.S. Case No.
Patna High Court CWJC No.17583 of 2022 dt.02-02-2023
37 of 2021 for release of the vehicle.
It is the petitioner's case that despite the petitioner
having moved certain application, the court has not passed any
order.
If that were so, we direct the said application to be
considered and decided expeditiously and preferably within a
period of two weeks from the date of production of a copy of
this order.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Rajiv/-Sujit
AFR/NAFR
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