Shyampal @ Shyampal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8230 of 2023 ====================================================== Shyampal @ Shyampal Singh Son of Bisamber Singh Resident of Village and Police Station-sahpur District-Muzaffarnagar (UP) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Excise Government of Bihar, Patna.

2.

The Principal Secretary Excise, Government of Bihar, Patna. 3.

The District Magistrate, Vaishali at Hajipur. 4.

The Superintendent of Police, Vaishali at Hajipur, 5.

The Excise Superintendent, District-Vaishali at Hajipur, 6.

The Officer In Charge, Police Station Gangabridge, District Vaishali at Hajipur.

7.

The Investigating Officer, P.S. Gangabridge, District Vaishali at Hajipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 27-07-2023 In the instant petition, petitioner has prayed for the following reliefs:- "This writ petition is being filed for the issuance of writ/writs, direction/directions, order/orders, command/commands and filed for the issuance of writ in the nature of mandamus directing the Respondents Authorities, Saran to release forth with the 12 wheeler Truck bearing Registration No. UP12BT2280 having Chassis No.

MAT466422FHF03304 and Engine No.

SO3064651e634438 in favour of vehicle owner, the petitioner, which has been

Patna High Court CWJC No.8230 of 2023(3) dt.27-07-2023 2/3 seized while that was driven by another person in connection with Gangabridge P.S. Case No. 07/2021 dated 07.01.2021, registered under Sections 30(a)/36/41(1) of Bihar Prohibition and Excise Amendment Act, 2018 (herein referred as Excise Act, 2018), pending in the court of Exclusive Special Excise Court No. 1cum-Additional District and Sessions Judge, Vaishali at Hajipur, which has been seized by informant PSI cum SHO, Gangabridge Police Station.

Petitioner further prays for issuance of writ in the nature of Certiorari to quash any confiscation proceeding if initiated or pending before Respondent No. 3 and order of auction of the aforesaid 12 wheeler Truck bearing Registration No. UP12BT2280 of Petitioner seized in connection with Gangabridge P.S. Case No. 07 of 2021 dated 07.01.2021.

Petitioner further prays for restraining the Respondents for auction as well as confiscation of the petitioner's above mentioned 12 wheeler Truck bering Registration No. UP12BT2280 of petitioner if it will have been done during pendency of this writ petition.

Petitioner further prays for grant of any other relief/reliefs for which the petitioner found entitled in the facts and circumstances of this case be also given."

2. The petitioner is not entitled to the relief sought in the present petition for the reasons that petitioner has not participated in the confiscation proceedings despite issuance of

Patna High Court CWJC No.8230 of 2023(3) dt.27-07-2023 3/3 notice and notice through the newspaper etc. and further the subject matter of vehicle is already auctioned on 31.03.2023. In the light of these facts and circumstances, question of release of vehicle is not warranted at this belated stage. Accordingly, the present petition stands dismissed.

3. Dismissal of the present petition would not come in the way questioning the validity of order dated 31.03.2023 in appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 in accordance with law.

(P. B. Bajanthri, J) (Jitendra Kumar, J) amitkr/- U