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Patna High CourtCWJC/14078/2022disposed

Satya Prakash @ Sintu v. The State Of Bihar

2022-09-27The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14078 of 2022 ====================================================== Satya Prakash @ Sintu Son of Ajay Saw, Resident of Parsa Bazar, Simra, Police Station - Parsa Bazar, District - Patna (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary Excise Department, Government of Bihar New Secretariat, Patna.

3.

The District Magistrate, Arwal.

4.

The Superintendent of Police, Arwal.

5.

The Officer-in-charge, Kaler Police Station, District - Arwal. 6.

The Investigation Officer of Kaler P.S. Case No. 53 of 2022, dated 04.11.2020, P.S. - Kaler, District - Arwal.

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

For the Petitioner/s :

Mr. Ujjawal Bhushan, Advocate Mr. Digvijay Narayan Singh, 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 : 27-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.14078 of 2022 dt.27-09-2022 2/3 Allegation is recovery of Mahua flower from the seized vehicle, as such, vehicle is not liable for confiscation under section 56 of the Bihar Prohibition & Excise Act, 2016 as such, bar of jurisdiction in confiscation under section 60 of the Excise Act is not applicable and the concerned Special Court (Excise) where the criminal case is pending has jurisdiction to pass order for release of seized vehicle.

Writ petition is disposed of with liberty to petitioner who is owner of the seized vehicle to file an application under Section 451 of Cr.P.C for release of his seized vehicle in the concerned Special Court (Excise) who shall dispose of such petition within 30 days from the date of its

Patna High Court CWJC No.14078 of 2022 dt.27-09-2022 3/3 filing.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/ AFR/NAFR CAV DATE Uploading Date 28.09.2022 Transmission Date