Shanvaj Ahmad @ Shah Nawaj Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18910 of 2019 ====================================================== Shanvaj Ahmad @ Shah Nawaj Ahmad aged about 39 years S/o Najir Ahmad Resident of House No. 161, New Senapat Lal Bag, P.S. Darbhanga (Nagar), District- Darbhanga.

... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Gopalganj, Bihar.

3.

The Superintendent of Police, Gopalganj, Bihar. 4.

The Inspector Excise Department Baldhari Chak Post Gopalganj, DistrictGopalganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks release of his Volvo A.C. Bus (Dilshad Travels), bearing Registration No. UP83BT-4380, which was seized in connection with Excise Case No. 250 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.18910 of 2019 dt.16-12-2019 2/3 It is submitted on behalf of the petitioner that no confiscation proceeding has been initiated, but the learned counsel of the State submits that he is not in a position to confirm the contention of the petitioner regarding initiation of the confiscation proceeding and therefore he will seek a report from the concerned District Collector about the initiation of confiscation proceeding. In view of the aforesaid submission as well as in the facts and circumstances of the case, this writ application stands disposed of with a direction to the concerned Court to seek a report from the District Collector about initiation of confiscation proceeding in respect of seized vehicle in connection with Excise Case No.

Patna High Court CWJC No.18910 of 2019 dt.16-12-2019 3/3 Rs.10,00,000/- within two weeks from the date of receipt of report of District Magistrate, with the condition that the petitioner shall not transfer or alienate the said vehicle without prior permission of the concerned Court and shall produce the aforesaid vehicle whenever and wherever it is required by the Court till final disposal of the confiscation proceedings.

Furthermore, it is made clear that if the confiscation proceeding has been initiated in respect of the seized vehicle, the concerned District Collector shall initiate the confiscation proceedings and conclude the same within 60 days from the date of receipt/production of a copy of this order. Writ petition stands disposed of with the aforesaid directions.

(Hemant Kumar Srivastava, J.) ( Prabhat Kumar Singh, J.) anay/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.12.2019 Transmission Date N/A