The Court granted liberty to the petitioner to file an appeal against the low court order confiscating his vehicle under the Bihar Prohibition and Excise Act, allowing a 60-day extension if filed within that period.
Liberty to file appeal within 60 days; appellate authority to condone delay and decide on merits within 60 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.7182 of 2020
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Santosh Kumar, Son of Ram Nath Choudhary, Resident of Mohalla- Donar, Ward No. 17, Church Ke Samne, P.O.- Lalbag, Police Station- Town, DistrictDarbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Pankaj Kumar Jha, Adv. For the Respondent/s : Mr. Vivek Prasad, G.P. 7
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 04-09-2020
The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner has prayed for following reliefs:-
“i. For issuance of writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 24.01.2020 passed by
Patna High Court CWJC No.7182 of 2020 dt.04-09-2020
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respondent no.3, in Excise Confiscation Case No. 274/2019, whereby and under the vehicle of the petitioner bearing Registration No. KA25N-6152 has not been released and directed to be confiscating in connection Town P.S. Case No. 141 /2019 dated 20.06.2019 under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
ii. For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus commanding/directing the respondents to release the vehicle of the petitioner bearing Registration No. KA25N-6152, Engine No. F8DN3297423, Chassis No. MA3EYD81S00728464, ModelMaruti Alto, Colour Blue, which was seized in connection Town P.S. Case No. 141/2019 dated 20.06.2019 under Section 30(a) of the Bihar Prohibition and Excise Act 2016 (amended).
iii. For further any other relief/reliefs, order/orders, direction/directions, may deem fit and proper in the facts and circumstances of this Case.”
Petitioner has filed this writ petition for setting aside the order dated 24.01.2020 passed by District Collector, Darbhanga in confiscation case No. 274 of 2019 by which the Confiscating Officer-cum-District Collector has passed order to confiscate the vehicle under section 58 of the Bihar Prohibition and Excise Act, 2016.
Petitioner has approached this Court without availing
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the statutory remedy of appeal against order as impugned.
The writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal against the order dated 24.01.2020 passed by District Magistrate cum Collector, Darbhanga, if any, such appeal is filed within 60 days by petitioner, the appellate authority shall condone the delay in filing appeal as the matter remain pending before this Court and shall decide the appeal on merit preferably within 60 days from the date of filing of such appeal.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
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2 issues framed by the court
Whether the petitioner can maintain a writ petition seeking quashing and release of confiscated vehicle without first exhausting the statutory remedy of appeal.
Whether the accused should be granted liberty to file a delayed appeal and whether the delay should be condoned in the absence of merits.
2 provisions across 1 enactments
Santosh Kumar
State of Bihar
The Divisional Commissioner, Darbhanga
The District Magistrate cum Collector, Darbhanga
The Senior Superintendent of Police, Darbhanga
The S.H.O.- cum- Officer in-charge of Town Police Station, District Darbhanga
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
