Shatrughan Sah v. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1077 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Banka ====================================================== Shatrughan Sah Son Of Bakeshwar Sah R/O Village And P.O.- Surni, P.S.- Mehra, District- Godda (Jharkhand) ... ... Petitioner

Versus

1.

The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna 2.

The Principal Secretary, Minerals And Mines, Bihar, Patna 3.

The District Mining Officer, Banka 4.

The District Magistrate, Banka 5.

The Mining Inspector, Banka 6.

The S.H.O., Barahat P.S. Banka ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-09-2022 Learned counsel for the petitioner undertakes to remove all the S.R. defect(s) within four weeks from today. The petitioner in the present case is seeking release of truck (14 wheeler) bearing registration no. NL-01-AB-7646 which has allegedly been seized by the Mining Inspector, Banka (respondent no. 5).

It is stated in the writ application that the truck in question has been seized and handed over to officer-In-Charge of Barhat Police Station and seizure has been shown showing failure of Road -E-Challan which according to the petitioner was due to traffic issue. From the writ application it does not appear as to whether the Police has registered any case. A copy of the communication

Patna High Court CR. WJC No.1077 of 2022(2) dt.29-09-2022 2/2 from Mines Inspector, Banka to the Officer-In-Charge of Barhat Police Station has been brought on record as Annexure '2' from which it appears that the vehicle in question has been seized and handed over to Police with a direction that until further order of the said authority or the competent court the vehicle be kept under seizure.

Under the circumstances, this Court is of the considered opinion that instead of moving this Court directly for release of the vehicle in question under Article 226 of the Constitution of India, the petitioner was obliged to move for release of the vehicle under the statutory provisions before the competent authority or the competent court, as the case may be.

This writ application is, thus, disposed of with liberty to the petitioner to seek his remedy before the competent authority/competent court, as the case may be, in accordance with law.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) annu/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.