Dharmendra Mandal, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25359 of 2019 ====================================================== Dharmendra Mandal, Son of Kapil Mandal, Resident of Village-Salona Chak, Police Station-Lakhisarai, Dist-Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

2.

That State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

3.

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

Superintendent of Police, Lakhisarai.

5.

Sub Divisional Officer, Lakhisarai.

6.

Block Supply Officer, Suryagarha.

7.

Officer-in-Charge of Suryagarha P.S. Dist-Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jainendra Kumar For the Respondent/s :

Mr.S.Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-02-2021 The present petition has been filed seeking release of pick-up Truck bearing vehicle no. BR-53A-8155, which was seized in connection with Suryagarha P.S. Case No. 183 of 2019 (G.R. No. 1256/ 2019) for the offence under Section 7 of E.C. Act 1955 as well as Confiscation Case No. 33 of 2019. The learned counsel for the petitioner has submitted that the petitioner has already filed a petition for release of the aforesaid vehicle before the Collector, Lakhisarai, which is dated 27.08.2019, however, till date no order has been passed by the Collector, Lakhisarai.

Patna High Court CWJC No.25359 of 2019(3) dt.18-02-2021 2/2 The learned counsel for the State submits that an order shall definitely be passed in the aforesaid petition of the petitioner for release of the vehicle in connection with Confiscation Case No. 33 of 2019 within a period of two weeks from today.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with a direction to the Collector, Lakhisarai to consider the aforesaid application of the petitioner dated 27.08.2019, filed for the purposes of release of the vehicle in question within a period of two weeks from today, failing which it is directed that the aforesaid vehicle of the petitioner shall stand released automatically upon expiry of the period of two weeks from today, subject to furnishing of adequate security to the satisfaction of the District Magistrate/ Collector, Lakhisarai.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U