Md. Sohail Nabi @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24791 of 2019 ====================================================== Md. Sohail Nabi @ Sonu Son of Md. Razi Ahmad@ Chhotan, Resident of Village- Gagan Diwan, P.S. Laheri, District- Nalanda, Add. Garh More Nawabhat, P.S. Burdwan Sadar Burdwan, District- Burdwan-713101 ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Excise, Bihar,Patna. 2.

The District Magistrate, Nalanda at Bihar Sharif. 3.

The Superintendent of Police, Nalanda at Bihar Sharif. 4.

The Police Inspector Cum S.H.O. Laheri Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Respondent/s :

Mr.Vivek Prasad ( Gp7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for following reliefs:- "(1) That this application is directed for the direction to the respondents to release the vehicle Truck Model-Tata 3118C bearing Registration No. WB-41-G7084, Engine No. B591803241F63381072, Chassis No. MAT466420E3F13361 in favour of the petitioner, who is the sole owner of the vehicle, seized in connection with Laheri PS Case No. 464 of 2019 instituted under Section 30(A) of Bihar Prohibition & Excise Amendment Act-

Patna High Court CWJC No.24791 of 2019 dt.07-07-2020 2/2 2016."

During pendency of this writ petition, final order has already been passed by the confiscating authority, as such present petition for release of vehicle has become infructuous. Accordingly, the present petition is dismissed as having become infructuous, granting liberty to the petitioner to file appeal against the order of confiscation within 30 days from the date of the order passed by this Court, and, if any, such appeal is filed, delay in filing appeal shall be condoned, as the case remained pending before this Court and if any such appeal is filed by petitioner same to be decided within 30 days from the date of filing.

During pendency of appeal, the confiscated vehicle is directed not to be auction sold, if not already, auction sold. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA