Prafull Chandra Rai @ Santu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12526 of 2021 ====================================================== Prafull Chandra Rai @ Santu Singh Son of Maheshwar Singh Resident of Village- Bana Bigha, P.S.- Parwalpur, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate Nalanda.

3.

The Superintendent of Police Nalanda.

4.

The S.H.O., Parwalpur Police Station District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar Mr. Hans Raj, Advocates For the Respondent/s :

Mr.Kumar Manish ( Sc5 ) ====================================================== 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 : 22-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):- "For issuance of an order/orders, writ/writs, direction/directions commanding the respondents authority to release the Scorpio jeep bearing registration No. BR-21K4885, Chassis No. MA1TH2GMKE5C93123 and Engine No.GME4C77239 belonging to the petitioner which has been seized by the police in connection with Parwalpur P.S. Case No. 54/2021 dated 27.03.2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 as contained in Annexure-1 to the writ application, pending in the Court of learned 2nd Addl. District and Sessions Judge, Nalanda at Biharsharif."

Patna High Court CWJC No.12526 of 2021 dt.22-07-2021 2/2 It has been submitted by learned counsel for the petitioner that during pendency of this writ petition, final order of confiscation has been passed by the confiscating authority, as such present writ petition for interim release of vehicle has become infructuous.

As such, petitioner is granted liberty to avail the remedy of appeal against the confiscation order passed by the Confiscating Authority -cum- District Magistrate, before the appellate authority and if any such appeal is filed within 4 weeks from today, the appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing. During pendency of appeal, the confiscated property/ vehicle shall not be auction sold, if not already auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2021 Transmission Date NA