← Library
Patna High CourtCR. WJC/3063/2018disposed

Tahzeeb @ Tahzeeb Ali v. The State Of Bihar Through The Principal Secretary, Food And Supply Department, Bihar, Patna And Or

2019-09-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3063 of 2018 Arising Out of PS. Case No.-260 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Tahzeeb @ Tahzeeb Ali S/o Saeed Ahmad Resident of VillP.S.- Bhuraheri, District- Muzaffarnagar, U.P.

... ... Petitioner

Versus

1.

The State of Bihar Through The Principal Secretary, Food And Supply Department, Bihar, Patna and Or 2.

The Principal Secretary Excise and Prohibition Department, Bihar, Patna. 3.

The District Magistrate-cum-Collector, Nawada. 4.

The Superintendent of Police, Nawada.

5.

The Superintendent of Excise, Nawada.

6.

The Deputy Excise, Nawada.

7.

The S.H.O./Officer In-Charge, Warsaliganj, P.S. Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Prabhakar Singh-Advocate For the Respondents :

Mr. Kumar Manish-SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-09-2019 This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing and commanding the respondents authorities to release the Truck bearing Registration No.MP06-HC-1885, which has illegally been seized in connection with Warsaliganj P. S. Case No.260 of 2018, registered under Section 420 of the Indian Penal Code and under Section 30(a)/41(1)(2) of the Bihar Prohibition and Excise Act, 2016.

Realizing that the confiscation is a civil proceeding,

Patna High Court CR. WJC No.3063 of 2018(2) dt.09-09-2019 2/2 learned counsel for the petitioner seeks leave to withdraw the present writ petition with liberty to the petitioner to file a Civil Writ Application for the release of Truck bearing Registration No.MP06-HC-1885 seized in connection with Warsaliganj P. S. Case No.260 of 2018.

Leave is granted.

The writ petition is disposed of.

(Ashwani Kumar Singh, J) vikash/- U T