Kuljinder Singh v. The State Of Bihar Through Principal Secretary, Excise Prohibition And Registration Department, Bih
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.39 of 2019 Arising Out of PS. Case No.-5 Year-2017 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Kuljinder Singh S/o Sri Sukhsev Singh R/moh-House No.7171/14, Street No.15,Durga Nagar,New Janta Nagar,P.S-New Janta Nagar,Dist.-Ludhiana, State-Punjab.
... ... Petitioner/s
Versus
1.
The State Of Bihar Through Principal Secretary, Excise Prohibition And Registration Department, Bih 2.
The Collector cum District Magistrate,Patna.
3.
The Senior Superintendent of Police,Patna.
4.
The Superintendent of Police, Excise, Patna.
5.
The Officer-in-charge, Bahadurpur police station,Patna 6.
The Additional Superintendent of police-cum-incharge of police Economic offence wing, Patna,Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rama Kant Singh For the Respondent/s :
Mr.Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-03-2023 Heard the parties.
A counter affidavit has been filed on behalf of the State.
It has been submitted by the learned counsel for the State that the vehicle in question has been confiscated on 06.01.2018 and has been auction sold on 12.10.2017. This application is disposed of with a liberty to the petitioner to move before the Commissioner against the confiscation order by filing an appeal. If such an appeal is filed by the
Patna High Court CR. WJC No.39 of 2019(3) dt.27-03-2023 2/2 petitioner within 30 days from today, same shall be heard on merits and the same shall not be rejected on the ground of limitation. If the petitioner ultimately succeeds, the amount collected by the State in confiscation proceeding shall be refunded to the petitioner. If the petitioner does not succeed in the matter, then the amount will remain with the State. Accordingly, this application is disposed of. (Sandeep Kumar, J) Guddu/- U T