In a writ petition for release of a confiscated vehicle, the Patna High Court refused direct release, directing the petitioner to seek provisional release from the District Magistrate within 15 days instead.
Liberty granted to petitioner to file an application for provisional release of the vehicle before the District Magistrate within 15 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6080 of 2019
======================================================
Mohan Kumar Son of Suresh Saw, Resident of Village-Simartalla, Police Station-Sikandra, District-Jamui
... ... Petitioner
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr.Arvind Ujjwal (Sc4) ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
3 19-07-2019 Petitioner has moved this Court under Article 226 of the Constitution of India for a direction to release the vehicle. It appears that a confiscation proceeding has already been initiated and the same is pending before the District Magistrate, Lakhisarai (Respondent No. 2).
This Court has expressed its opinion with regard to similar matters in its order dated 29.04.2019 passed in C.W.J.C. No. 19520 of 2018. After the decision of the Hon’ble Full Bench of this Court, this Court has been consistently taking a view that unless it is a case of gross injustice and nonobservance of the procedure in the confiscation case, this Court
Patna High Court CWJC No.6080 of 2019(3) dt.19-07-2019 2/2
would not be entertaining the writ application directly for release of the vehicle. In this case also it appears that the petitioner has not moved before the respondent no. 2 for the provisional release of the vehicle and has moved directly before this Court.
This writ application is being disposed off with a liberty to the petitioner to file an appropriate application seeking provisional release of the vehicle in question in the confiscation proceeding before the respondent no. 2 within a period of 15 days from today and in case such an application is filed before the respondent no. 2, the same will be considered and disposed off within next 30 days from the date of filing of the said application. The respondent no. 2 shall consider the application keeping in mind the judicial orders of this Court in similar matters.
(Rajeev Ranjan Prasad, J)
ved/vats
U
1 issue framed by the court
Whether the Court should directly release a vehicle confiscated pending confirmation before the District Magistrate.
Mohan Kumar
State of Bihar through the Secretary, Food and Consumer Protection Department
District Magistrate, Lakhisarai
Superintendent of Police, Lakhisarai
S.D.O., Lakhisarai
Assistant District Supply Officer, Lakhisarai
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
