Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2544 of 2023 ====================================================== Santosh Yadav Son of Motichanda Yadav Resident of Village- Bitauniya, Ward No.3,Kateya, P.S. Kateya, District- Gopalganj (Bihar), presently residing at 12 PTR, Siding Shalimar, 10-13 Howarh Municipal Corporation, Shibur, Howrah- 7111102 (West Bengal).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Siwan, District- Muzaffarpur. 4.

The Superintendent of Police, Siwan, District- Siwan. 5.

The Excise Superintendent, Siwan, District- Siwan. 6.

The Station Head Officer, Bhagwanpur Hatt Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Advocate For the Respondent/s :

Mr. Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-05-2023 The petitioner is concerned with the release of his vehicle bearing Registration No.NL01N4502, Chassis No.MAT447224F1P30355 and Engine No.51M63486901 which was seized on 03.12.2022 in connection with

Patna High Court CWJC No.2544 of 2023 dt.08-05-2023 2/3 Bhagwanpur Hatt P.S. Case No.320 of 2022 registered for the offences punishable under Sections 30(a), 32(23), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016 on account of detection of 7.5 liters in the vehicle.

The learned counsel for the petitioner submits that there is no confiscation proceeding initiated till date and the petitioner's case also may be disposed of similar to the judgment dated 22.03.2022 passed in C.W.J.C. No. 14659 of 2022 titled as Rinju Devi v. State of Bihar The learned State Counsel, on instructions, submits that requisition was sent by the Seizing Authority to the Confiscating Authority on 17.04.2023. However, confiscation proceeding has not yet been initiated.

In the above circumstances, following the decision in Rinju Devi (supra) we direct that the vehicle in question be provisionally released to the petitioner, on such conditions the Collector may impose, within two weeks from the date of receipt of a copy of this judgment and the further proceedings taken, if so desired, after issuing proper notice to the petitioner.

Patna High Court CWJC No.2544 of 2023 dt.08-05-2023 3/3 The writ petition would stand disposed off without any observations on the merits.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) sharun/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.05.2023 Transmission Date N/A