Poonam Devi v. The State Of Bihar, Through The Home Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7650 of 2021 ====================================================== Poonam Devi, wife of Andesh Kumar Yadav, resident of village - 110, Mahiuddinpur, Kanawani, P.S. - Indrapuram, District-Gaziabad, State - Utter Pradesh - 201014.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Home Secretary, Registration, Excise and Prohibition department, Govt. of Bihar, Patna. 2.

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

The District Magistrate Cum Collector, Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Superintendent of Excise, Gopalganj.

6.

The Investigating officer of Gopalganj Excise case No. - 268/2020. 7.

Prakash Chandra (seizure officer), Inspector Excise and Prohibition Department, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None 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) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 24-06-2021 Heard the parties.

Petitioner has prayed for the following relief(s):- " (a) For issuance of a direction, order or writ, including writ in the nature of Mandamus for a direction/directions to the concerned respondent authorities to release the Wagonr four wheeler vehicle which bearing registration No. UP-14EA-2293, Engine No.

K10BN8237641 and Chassis No.

MA3JMT31KD145546 in favour of the petitioner, which has been seized in connection with excise case/P.R. No. 268/2020 registered on 05/10/2020 for offences alleged under section 30(a) of the Bihar Excise and Prohibition (Amendment), Act, 2018.

(b) For issuance of an appropriate Writ/Writs,

Patna High Court CWJC No.7650 of 2021 dt.24-06-2021 2/2 direction/directions to the concerned respondent authorities specially the respondent No.3 (The District Magistrate-cum-Collector, Gopalganj) not to initiate the confiscation proceeding against the vehicle in question. (c) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

No one appears on behalf of petitioner.

It is submitted on behalf of counsel for the State that final order of confiscation has been passed, as such, the present petition for interim release of vehicle during confiscation proceeding has become infructuous and is accordingly dismissed.

Further liberty is granted to the petitioner to avail the remedy of appeal against the order passed by the Confiscating Authority.

With the aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA