Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5611 of 2023 ====================================================== Manoj Kumar, Son of Dhiraj Ray, Resident of Village-Sahalullahpur, Chakfarid, Police-Station-Bidupur, District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Registration and Excise, Patna.

2.

The District Collector/Magistrate, Vaishali at Hajipur. 3.

The Superintendent of Police, Vaishali at Hajipur. 4.

The Deputy Superintendent of Police, Mahanar, Vaishali at Hajipur. 5.

The S.H.O. Bidupur Police Station, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-05-2023 The petitioner is concerned with his vehicle (Bolero Pick-up) bearing Registration No. BR01GG3370, Chassis No. MA1ZN2TBKH1L81556, Engine No. TBH1L33139 which has been seized for the reason of alleged recovery of 769.350 litres foreign liquor for which Desari (Chandpura O.P.) P.S. Case No. 133 of 2022 dated 23.03.2022 has been registered. Learned counsel for the petitioner submits that there is no confiscation proceedings initiated.

Learned Government Advocate, however, submits

Patna High Court CWJC No.5611 of 2023 dt.12-05-2023 2/3 that there is a confiscation case issued by the Sub-Divisional Magistrate (for brevity "SDM"), Mahnar, which is numbered as Confiscation Case No. 01 of 2023-24. The petitioner was also issued with a notice to appear before the SDM on 20.04.2023, which he has not availed. Learned counsel for the petitioner submits that the petitioner has not received the notice. In any event, the petitioner would be entitled to appear before the SDM, Mahnar as expeditiously as possible with a certified copy of this judgment. If the confiscation proceeding has not been completed, the petitioner would be entitled to take all objections before the SDM.

If it has been completed, he could also object to the completion on account of the notice having not been properly served, in which case, the SDM would consider the plea and from the records ensure that the notice was supplied properly. If notice has not been furnished, definitely, there should be a re-consideration. However, if confiscation proceedings are not completed then the said proceedings shall be completed after hearing the petitioner.

Patna High Court CWJC No.5611 of 2023 dt.12-05-2023 3/3 jeopardize public interest, as is the discretion conferred under Rule 12A. If it is found that the vehicle can be released then the penalty shall be determined and on payment of such penalty, the vehicle shall be released.

The writ petition stands disposed of.

(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) Anushka/PKP AFR/NAFR CAV DATE Uploading Date 16.05.2023 Transmission Date