Md. Salim vs The State Of Bihar
2023 Latest Caselaw 2053 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6406 of 2023
     ======================================================

Md. Salim, Son of Mumtaj Ahmad, Resident of Sisai Tola, Bhatawaliya, P.S. Bhorey, Distt. - Gopalganj.

... ... Petitioner/s Versus

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

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan.

4. The Officer-in-Charge, Mairwa Police Station, Dist - Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-05-2023

1. The petitioner is concerned with his vehicle bearing

Engine No. REVTRN10PXXMM7555, Chassis No.

MAT634021NPP23129, which was seized on account of

registration of Mairwa P.S. Case No. 49 of 2023 dated

19.02.2023. The crime was registered because quantity of

90.600 litres of IMFL was recovered from the vehicle.

2. The petitioner apprehends confiscation and the learned

government pleader submits that the confiscation proceedings

will be initiated immediately after the seizing officer forwards

the report to the confiscating authority.

Patna High Court CWJC No.6406 of 2023 dt.01-05-2023

3. In the above circumstances, the seizing authority shall

take expeditious steps, especially considering the FIR being

registered in the month of Feburary. The petitioner shall produce

a certified copy of this judgment before the District Collector,

who shall, if the report is not already received, ensure that the

report is received within 2 weeks from the date of production of

this judgment. The confiscation proceeding shall be proceeded

with after issuing notice to the petitioner and completed within a

period of three months from the date of hearing. The petitioner

will also be entitled to file an application under Rule 12A before

the District Collector, if he desires so.

4. Writ petition is disposed of without any observation on

the merits.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/sumit-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.05.2023
Transmission Date       NA