Patna High Court - Orders
Bibek Kumar vs The State Of Bihar on 17 December, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh, Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17875 of 2019
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Bibek Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh
For the Respondent/s : Mr.Kumar Manish (SC5)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
and
HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)
2 17-12-2019The present writ application has been filed for release of Alto Car, bearing Registration No. BR1AB2761, in favour of the petitioner, which was seized in connection with Giriyak P.S. Case No. 209 of 2019, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Amendment Act 8 of 2018 (hereinafter referred to as 'the Act').
From the vehicle in question, 360 litres of spirit were recovered.
It is submitted by learned counsel for the petitioner that the petitioner claims to be the owner of the vehicle in question and certificate of registration of the vehicle in question has been brought on record as Annexure-1, statement to that Patna High Court CWJC No.17875 of 2019(2) dt.17-12-2019 2/2 effect has been made in paragraph 4 of the petition. It is further submitted that the petitioner has not received any notice under Section 58(2) of the Act. Hence, it can be safely presumed that the confiscation proceeding has not been initiated as yet, statement to that effect has been made in paragraph 10 of the petition.
As prayed for by learned AC to SC-5 to file counter affidavit giving in detail whether the confiscation proceeding has been initiated or not and if confiscation proceeding has been initiated, the date of report under Section 58(1) of the Act and the complete order-sheet, if any, being passed by the Collector during confiscation proceeding, list this matter on 17.01.2020.
It is made clear that if the confiscation proceeding has not been initiated as yet, then the counter affidavit shall be sworn by concerned seizing authority but if the confiscation proceeding has been initiated then the counter affidavit shall be sworn by the concerned Collector-cum-District Magistrate-cum- Confiscation Authority.
(Dinesh Kumar Singh, J) (Anil Kumar Sinha, J) DKS/-
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