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Patna High CourtCR. WJC/1283/2021disposed

Keshav Singh v. The Union Of India Through The Deputy Secretary, Deptt. Of Home Affairs, Govt. Of India, New Delhi.

2022-04-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1283 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== KESHAV SINGH Son of Laldev Singh Resident of Village- Prasauna Madan, P.S.- Ramgarhwa, District- East Champaran.

... ... Petitioner/s

Versus

1.

The Union of India through the Deputy Secretary, Deptt. of Home Affairs, Govt. of India, New Delhi.

2.

The State of Bihar through the Principal Secretary Deptt. of Home Affairs, Govt. of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Superintendent of Police, East Champaran, Motihari. 5.

The Officer In Charge, Harsidhi, P.S., District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Respondent/s :

Mr. K.N.Singh (A.D.S.G) Mr. Md. Irshad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

The petitioner has prayed for quashing of the order dated 10.8.2021 passed in N.D.P.S. Case no.7 of 2021 passed by the learned 3rd Additional District and Sessions Judge, East Champaran, Motihari whereby the petition filed by the petitioner in the learned court below was rejected on the ground that no authority letter or any relevant documents as stated by the petitioner in his petition was filed in the learned court below. Bereft of any unnecessary details, it is submitted by learned counsel for the petitioner that he has all the relevant

Patna High Court CR. WJC No.1283 of 2021(2) dt.21-04-2022 2/2 documents in his possession and has also brought the same on record here.

After some argument, learned counsel for the petitioner seeks permission to file a fresh petition in the learned court below enclosing all the relevant documents as mentioned in the order dated 10.8.2021 and pray for release of the goods seized.

This application is disposed of granting liberty to the petitioner to file a petition for release of his goods enclosing all the relevant documents. If such a petition is filed, the learned court below shall dispose of the petition within a period of four weeks of its filing.

It may be stated here that the Court has not entered into the merits of the case of the parties.

The application stands disposed of with the aforesaid liberty.

(Partha Sarthy, J) Saurabh/- U T