Dinanath Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5828 of 2019 ====================================================== Dinanath Sah S/o Sadhav Sah Vill.- Saino, P.s.- Jagdishpur, Distt.- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar and Ors through District Magistrate, Banka 2.
The District Magistrate Banka 3.
The Block Supply Officer Rajoun, P.s.- Rajoun, Distt.- Banka ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Respondent/s :
Mr. S. Raza Ahmad (Aag 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-12-2019 The vehicle namely a pick-up van bearing Registration No. BR10GA-7822, Engine No. TBH1C50628, Chesis No. MA12R2TBKH1C34128, belonging to the petitioner appear to have been seized in connection with Rajoun P.S. Case No. 272 of 2018 which has been instituted for the offence under Section 7 of the Essential Commodities Act, 1955.
Mr. Ajay Mukherjee, learned advocate for the petitioner has submitted that confiscation proceeding has already been initiated.
Patna High Court CWJC No.5828 of 2019 dt.02-12-2019 2/2 In that view of the matter, this Court directs the confiscating authority to conclude the proceedings positively within a period of three months from today. If the delay is not caused by any default on the part of the petitioner and by the aforesaid time, the confiscation proceedings are not concluded, the confiscating authority shall release the vehicle in favour of the petitioner subject to the deposit of sufficient surety and its satisfaction and confirmation that the vehicle belongs to the petitioner. In case the proceedings are completed within the timeline as directed above, the petitioner would have the option of challenging such order in appeal.
With the aforesaid direction/observation, the writ petition stands disposed of.
(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2019 Transmission Date