Patna High CourtCR. WJC/1468/2023disposed

Kasam Deen v. The State Of Bihar, Through The Principal Secretary, Consumer Protection Department, Bihar, Patna

2025-06-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1468 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- PIPRA District- Supaul ====================================================== KASAM DEEN ... ... Petitioner/s

Versus

THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, CONSUMER PROTECTION DEPARTMENT, BIHAR, PATNA ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Respondent/s :

Mr.S. Raza Ahmad (Aag.5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-06-2025 Heard the parties.

2. This application has been filed on behalf of the petitioner seeking a direction upon the respondents for releasing the Truck bearing Registration Number- RJ- 02- GB- 8707 / Chasis No. MAT704146DAC06557 / Engine No. 91C63776474 in favour of the petitioner which has been seized in connection with Pipra P.S. Case No. 341 of 2022 registered for the offence under Section 7 of the EC Act.

3. It has been submitted by the learned counsel for the State that after conclusion of confiscation proceedings, the truck has been confiscated and the petitioner has an alternative remedy of approaching the Commissioner concerned in Appeal against the order of confiscation.

Patna High Court CR. WJC No.1468 of 2023(3) dt.23-06-2025 2/2

4. In these circumstances, this application is disposed of with a liberty to the petitioner to file an appeal before the Commissioner concerned along with a prayer for interim release of the truck which shall be considered by the Commissioner concerned within 15 days of its filing. The delay in filing the appeal before the Commissioner concerned shall also be condoned as the matter was pending in this Court. The appeal shall be heard on merits by the Commissioner concerned and a reasoned order shall be passed by him.

(Sandeep Kumar, J) Vikas/- U