Shanti Devi v. The State Of Bihar Through The Principal Secretary Home Deptt., Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3322 of 2018 Arising Out of PS. Case No.-276 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Shanti Devi W/o Dularchand Sao, Resident of Nawada, P.S.- Wishnugarh, Distt. - Hazaribagh, Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Deptt., Govt. of Bihar, Patna 2.

The Superintendent of Excise Prohibition, District - Gaya. 3.

The Investigation Officer, Excise Prohibition, Gaya. 4.

The Sub - Inspector, Excise Prohibition, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-07-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondent authorities to release the vehicle (Wagon-VXI) bearing Engine No.IDM5001760 which has illegally been seized in connection with Excise Case No.276 of 2018 dated 05.08.2018 at Dhobhi Block, Gaya registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Realizing that confiscation is a civil proceeding, learned counsel for the petitioner seeks leave to withdraw the instant writ petition with liberty to the petitioner to file a civil

Patna High Court CR. WJC No.3322 of 2018(2) dt.01-07-2019 2/2 writ application for release of vehicle (Wagon-VXI) bearing Engine No.IDM5001760 seized in connection with Excise Case No.276 of 2018 dated 05.08.2018 at Dhobhi Block, Gaya. Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) Md. S/- U T