Gurwinder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8179 of 2020 ====================================================== Gurwinder Singh Son of Amrik Singh, Resident of - 151 Pati Samne Buhewali, Bahmaniwala, Police Station- Patti, District - Taran Taran (Punjab). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Saran at Chapra.

4.

The Superintendent of Police, Saran at Chapra. 5.

The Officer -in-Charge, Manjhi P.S., Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Respondent/s :

Mr. kumar Manish, SC 5 ====================================================== 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 : 06-10-2020 Petitioner has prayed for following relief:- "For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondents to release the Truck bearing registration No. PB-46M-4968 as the same has been seized in connection with Manjhi P.S. Case No. 131 of 2017 registered under Sections 272, 273, 420, 120(B) of the Indian Penal Code and Section 309a) of the Bihar Prohibition and Excise Act."

It has been submitted that during pendency of this writ petition, final order of confiscation has already been passed by

Patna High Court CWJC No.8179 of 2020 dt.06-10-2020 2/2 the Confiscating Officer, and as such present writ petition for interim release of the seized vehicle has become infructuous. Petitioner is granted liberty to file appeal before the appellate authority within 60 days and if any such appeal is filed, the appellate authority shall condone the delay in filing the appeal and shall decide the appeal on merit preferably within 60 days from the date of filing of such appeal.

With aforesaid observation and liberty, this writ petition is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.10.2020 Transmission Date NA