Patna High CourtCWJC/9250/2020disposed

Nagendra Singh v. The Principal Secretary

2020-12-17The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9250 of 2020 ====================================================== Nagendra Singh S/o- Late Bhagwat Singh Resident of Vill.- Chapiya, P.S.- Masharakh, District- Saran at Chapra.

... ... Petitioner/s

Versus

The Principal Secretary Excise and Prohibition Department, Bihar, Patna. 2.

The District Magistrate-cum- Collector, Saran at Chapra. 3.

The Superintendent of Police, Saran at Chapra. 4.

The Superintendent of Excise, Saran at Chapra. 5.

The Deputy Superintendent of Police Madhaura. 6.

The S.H.O./ Officer In Masharakh, P.S.- Masharakh (Saran). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Adv.

For the Respondent/s :

Mr. Vikash Kumar, S.C. 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 17-12-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for following relief:- "That this writ application is being filed on behalf of petitioner above named for a direction to the respondent authorities to release the

Patna High Court CWJC No.9250 of 2020 dt.17-12-2020 2/3 vehicle (Motorcycle) bearing No.

BR-04S-7689 in favour of the petitioner who is owner of the motorcycle, which has been seized in Mashrakh P.S Case No. 59/20 dated 02.02.20 lodged under section 147, 148, 149, 341, 323, 427, 379, 354(B), 504, 506 of the Indian Penal Code, under Section 37 (C) of the Bihar Excise and Prohibition Act 2016 and under Section 25(1-B)A,26, 27 of the Arms Act and for any other relief/s for which petition is legally entitled too."

It is submitted on behalf of petitioner that he is owner of the vehicle which has been seized by the police in connection with Masharakh P.S. Case No. 59/20 in which petitioner is not an accused. FIR has been registered under Section 37(C) of Excise Act and nothing has been recovered from the seized motorcycle, as such, same is not liable for confiscation under Section 56 of the Excise Act and bar of jurisdiction in confiscation under Section 60 of the Excise Act is not applicable and criminal court where the case is pending has jurisdiction to pass order for release of seized vehicle.

The writ petition is disposed of with liberty to petitioner to file an application before the concerned court

Patna High Court CWJC No.9250 of 2020 dt.17-12-2020 3/3 where criminal case is pending for release of seized vehicle and the concerned court shall dispose of said petition for release of vehicle within 30 days from the date of its filing. (Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.01.2021 Transmission Date NA