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Patna High CourtCWJC/3332/2022disposed

Md. Islam @ Md. Ishlam v. The State Of Bihar

2022-04-25The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3332 of 2022 ====================================================== Md. Islam @ Md. Ishlam Son of Md. Aziz @ Shekh Ajij, Resident of VillageChandmari, P.S.-Chandmari, P.S.-Chandmari, District-Kohima (Nagaland) at present Resident of Village-Mansurpur Mahna Tara, P.O. and P.S.-Motipur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The District Magistrate, Muzaffarpur.

4.

The Superintendent of Police, Muzaffarpur.

5.

The SHO Sahebganj Police Station, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Narayan Singh, Advocate For the Respondent/s :

Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 25-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.3332 of 2022 dt.25-04-2022 2/3 It is submitted on behalf of the State that during the pendency of this writ petition, final order of confiscation has been passed by the Confiscating Authority on 30th of November, 2021, for which notices were issued to the owner of the vehicle in question.

However, the same is being disputed by the learned counsel for the petitioner. He further states that no notices were issued to the petitioner of the initiation of confiscation proceedings and same has been passed without any notice to him.

The writ petition is disposed of with liberty to the petitioner to avail the statutory remedy under the Excise Act against the order passed by the Confiscating Authority. Interlocutory Application(s), if any, shall stand

Patna High Court CWJC No.3332 of 2022 dt.25-04-2022 3/3 disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 28.04.2022 Transmission Date