Md. Zaffar Imam v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17677 of 2021 ====================================================== Md. Zaffar Imam, Son of Hafiz Motiul Haque Salfi, Resident of Ward no. 2, Barewa, P.O. Chandanbara, Police Station- Dhaka, District- East Champaran (Motihari).

... ... Petitioner/s

Versus

1.

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

2.

The Excise Commissioner Bihar, Patna.

3.

The Collector, District - East Champaran, Motihari. 4.

The Superintendent of Excise District- East Champaran, Motihari. 5.

The Officer - in - Charge, Police Station- Kundwa Chainpur, District- East Champaran, Motihari.

6.

The Officer- in - charge, police Station- Dhaka, District- East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "That the application is being filed for issuance of an appropriate writ/writs, direction/directions commanding the respondents authorities to release the vehicle in question which is New Hero Glamour Motorcycle bearing Registration No. BR22-Y-0299 (Fake No. BR-05-S-8159) Engine No. JA06EJGGC 37282 Frame No.

MBLJA06AMGGC27343 in favour of the petitioner who is the the registered owner of the said vehicle that has been seized in Kundwa

Patna High Court CWJC No.17677 of 2021 dt.23-12-2021 2/2 Chainpur P.S. Case No. 142/2021 dated 29.06.2021 for the offences under section 30(A), 41(1) of Bihar Excise and Prohibition Amended Act 2018."

Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 4 weeks, then Revisional Authority shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit. During pendency of revision petition, confiscated vehicle shall not be auction sold, if not auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA