Sanjog Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21613 of 2019 ====================================================== Sanjog Kumar son of Late Ramashish Singh resident of Village- Chatra, P.S.- Phesar and District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna.
2.
The District Magistrate, Gaya.
3.
The Superintendent of Police, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Verma For the Respondent/s :
Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 12-11-2020 This case has been listed under the heading "To be Mentioned" to recall the order dated 19.10.2020. This case was disposed of on 19.10.2010, however, due to inadvertence, wrong order was recorded that case has been adjourned for 4.11.2020, as such, order dated 19.10.2020 is recalled and following order shall be read to have been passed on 19.10.2020.
Petitioner has prayed for the following reliefs: - "For release of the BOLERO PIK-UP FB PS 1.29T vehicle bearing Engine no. TBJ1K89773, Chasis no. MA1ZN2TBKJ1K86804 which has been seized by the concerned police official on the
Patna High Court CWJC No.21613 of 2019 dt.12-11-2020 2/2 allegation of carrying illegal country made liquor in connection with Aurangabad Muhfassil P.S. Case No. 212 of 2018 instituted for offences punishable under section 30(a) of the Bihar Excise Amendment Act, 2018."
It is submitted on behalf of parties that during pendency of this writ petition the final order of confiscation of seized vehicle has been passed by the confiscating authority as such, present writ petition for interim release of the vehicle has become infructuous.
The writ petition is disposed of with liberty to petitioner to file appeal before the appellate authority against the order passed by the confiscating authority and if any such appeal is filed within 60 days, the appellate authority shall condone the delay in filing appeal as the matter remained pending before this Court and shall decide the appeal on merit in accordance with law within 60 days from the date of filing of such appeal.
(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2020 Transmission Date NA