Disposed

Babu Saheb Prasad v. The State Of Bihar and Ors.

Patna HC24 Mar 2014CWJC/4115/2014

Case brief

AI extract

What is this about?

In this writ application, the High Court of Patna directed the District Magistrate, Madhubani, to dispose of a pending vehicle confiscation proceeding initiated under Sections 409, 511 IPC within three weeks to address the delay and economic loss to the petitioner.

What did the court decide?

Directed the District Magistrate to dispose of Confiscation Case No. 79 of 2012-13 within three weeks.

Babu Saheb Prasad Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4115 of 2014

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====================================================== 1. Babu Saheb Prasad Son Of Jagdish Sah Resident Of Village - Belaucha, P.S. Lakhanaur, District - Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Home Department, Patna 2. District Magistrate, Madhubani 3. The Sub Divisional Officer Jhanjharpur District Madhubani 4. Superintendent Of Police, District Madhubani 5. Deputy Superintendent Of Police, Jhanjharpur, District Madhubani 6. The District Supply Officer, Madhubani 7. The Officer-In-Charge, Madhepur, P.S. - Madhubani, District - Madhubani .... .... Respondent/s ======================================================

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 24-03-2014 Heard learned counsel for the petitioner and AC to SC-15 for the State. Considering the prayer made in the application and the stand taken by both the parties, the writ application is being disposed of. The petitioner claims himself to be the owner of vehicle ( pick up) van bearing Registration Mark and No.BR-32C5698 which was seized on 23.8.2012 in connection with Madhepur P.S. Case No. 141 of 2012 registered under Sections 409, 511 of the Indian Penal code and 7 of the E. C. Act. Following institution of FIR a Confiscation proceeding bearing Confiscation Case No. 79 of 2012-13 was initiated. Pursuant to

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Patna High Court CWJC No.4115 of 2014 (2) dt.24-03-2014

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notice issued therein the petitioner has appeared and filed his written statement/show cause. This is what the petitioner has stated in paragraph no. 16:-

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“16. That thereafter petitioner appear before District Magistrate Madhubani in Confiscation Case No. 79/1213 and in ever date petitioner prayed for disposal the case and given various application showing that he fall in great economical losses if not released the vehicle but District Magistrate, Madhubani after 9 month could not disposed the matter and when petitioner appear in his Janta Darbar at Madhubani and prayed for disposal the case and release the vehicle. But District Magistrate being aggrieved reply that I will never disposed or release your vehicle so petitioner decided to file writ petition before this Hon’ble Court.”

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Learned counsel for the petitioner submits that the application be disposed of directing the respondent Confiscating Authority to dispose of the pending Confiscation proceeding as quickly as possible considering the fact that continued seizure of the vehicle and allowing the same to reduce to junk is neither in the interest of the State nor the petitioner (owner). It appears that the said vehicle (pick up) van was seized on 23.8.2012 and the Confiscation case in respect thereof is pending since 2012-2013. In all fairness, the Confiscating Authority ought to have disposed of the Confiscation proceeding but the same does not appear to

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Patna High Court CWJC No.4115 of 2014 (2) dt.24-03-2014

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have been done in the present case.

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Having heard the parties, this Court is satisfied that the ends of justice shall be sub served if the present application is disposed of by directing as under:-

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Let the Confiscating Authority ( District Magistrate, Madhubani) dispose of the pending Confiscation case no. 79 of 2012-13, if not already disposed of, as quickly as possible preferably within a period of three weeks from the date of receipt/production of a copy of this order. Petitioner shall fully cooperate in disposal of the matter as directed hereinabove.

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(Kishore Kumar Mandal, J)

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Shyam/-

Babu Saheb Prasad v. The State Of Bihar and Ors.

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Babu Saheb Prasad v. The State Of Bihar and Ors.

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