Rakesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3768 of 2020 ====================================================== Rakesh Kumar Bhagat S/o Parshuram Bhagat Resident of Kasba, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

The Collector, Banka.

3.

The Block Supply Officer, Shambhuganj, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr.S.Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 20-02-2020 1.

The present writ petition has been filed for issuing directions to the learned Collector, Banka to release the pick-up van of the petitioner bearing Registration no. BR 10G-6510, Chesis no.-MAT455212C8A02423, Engine no.- 497SP67AXY604027 in connection with Shambhuganj PS case no. 57 of 2019 giving rise to Confiscation case no. 345/2019-20 under Section 7 of the E.C. Act.

2.

The learned counsel for the State submits that the petitioner should make appropriate application for release of the truck before the learned Collector, Banka, which shall be decided within a stipulated time frame, as fixed by this Court. 3.

Having regard to the submissions made by the

Patna High Court CWJC No.3768 of 2020 dt.20-02-2020 2/2 learned counsel for the parties, the present writ petition stands disposed off with liberty to the petitioner to file appropriate application for release of the truck in the on-going confiscation proceedings before the learned Collector, Banka within a period of four weeks from today, whereafter the learned Collector, Banka shall pass a reasoned and speaking order regarding release of the truck within a period of six weeks thereafter, failing which the truck would be deemed to have been released automatically, subject to the petitioner furnishing such security as may be directed by the learned Collector, Banka. 4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.02.2020 Transmission Date NA