Mantu Jaiswal v. The Union Of India, Through Dri, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.903 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Mantu Jaiswal Son of Ram Prasad Jaiswal R/o Village - Chandan Nagar, Gulab Bagh, P.S.- Sadar, District - Purnia.

... ... Petitioner/s

Versus

1.

The Union of India, through DRI, Patna, Bihar Bihar 2.

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

The Station House Office, Muffasil Police Station Purnia Bihar 4.

I/O of Sadar Muffasil Police Station Case No. 592 of 2023 Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bidhu Ranjan For the Respondent/s :

Dr. Krishna Nandan Singh (A.S.G) For the State :

Mr. GP 4 Mr. Deepak Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2025 Heard the learned Senior Counsel for the petitioner, Sri N.K. Agrawal and the learned counsel for the State.

2. This application has been filed for setting aside the order dated 08.02.2024 passed in Special Case No.75 of 2023, CIS No.75 of 2023 arising out of Sadar Muffasil P.S. Case No.592 of 2023, whereby and whereunder the learned Special Judge, NDPS Act, Purnia refused to release the vehicle of the petitioner bearing registration no. BR 11 AP 6308 from which 64.6 grams of smack (brown sugar) has been recovered and further for issuance of writ in the nature of mandamus directing the respondent authorities to release the vehicle of the petitioner

Patna High Court CR. WJC No.903 of 2024(2) dt.29-04-2025 2/2 on any condition imposed by this Hon'ble Court.

3. It has been submitted by the learned Senior Counsel for the petitioner, Sri N.K. Agrawal that the vehicle is lying with the authorities for the last two years and vehicle is in the process of decay and nothing will be left after a few years. He therefore submits that he may be permitted to approach the Confiscating Authority by filing an application making a prayer that the vehicle may be released in his favour after he deposits the present insurance value.

4. In view of the above, this application is disposed of with the aforesaid liberty.

5. If such an application is filed then the Confiscating Authority will dispose of the same within two weeks from the date of its filing in accordance with law.

6. It is made clear that this Court has not applied its mind in the facts of the case.

(Sandeep Kumar, J) Shishir/- U T