Dismissed

Tuntun Pandit v. the State of Bihar through Principal Secretary, Reg., Excise and Prohibition Deptt., Govt. of Bihar

Patna HC26 Jul 2023CR. WJC/91/2020

Case brief

AI extract

What is this about?

Petitioner sought writ for release of seized motorcycle under Bihar Prohibition and Excise Act, 2016. Court dismissed writ holding matter lacks maintainability as final confiscation order already passed, directing appeal to appellate authority instead.

What did the court decide?

Petitioner permitted to file appeal against final confiscation order before the appellate authority.

Tuntun Pandit Vs the State of Bihar through Principal… — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.91 of 2020

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Arising Out of PS. Case No.-197 Year-2019 Thana- CHANDAN District- Banka

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======================================================

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TUNTUN PANDIT S/O Late Doman Pandit Resident of Village - Kharwa, Police Station - Jasidih, District - Deoghar. (Jharkhand)

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, REG., EXCISE AND PROHIBITION DEPTT., GOVT. OF BIHAR Patna

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Principal Secretary, Registration, Excise and Prohibition Deptt., Govt. of Bihar, Patna. Bihar

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The Collector -cum District Magistrate, Banka. BIhar

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The Superintedent of Police, Banka. Bihar

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The Officer-In-Charge, Chandan, P.S., District Banka. Bihar

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Ajay Mukherjee For the Respondent/s : Mr.Kumar Manish ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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5 26-07-2023 1. Heard learned Counsel for the parties concerned.

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The petitioner has filed the present writ application for release of Passion Pro motorcycle, bearing Registration No. JH 15N-3639, which was seized in connection with Chandan Police Station Case No. 197 of 2019, registered for the offences punishable under Section 30(a) (g)/32(2) of the Bihar Prohibition and Excise Act, 2016.

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Learned Counsel for the State submits that final order in confiscation proceeding, being Confiscation (Prohibition) Case No. 620 of 2019-20, has been passed by the District

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Patna High Court CR. WJC No.91 of 2020(5) dt.26-07-2023

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2/2

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Magistrate, Banka and as such, the present writ application is not maintainable. He further submits that the petitioner has the liberty to file an appeal before the Commissioner, Bhagalpur Division, Bhagalpur.

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Regards being had to the submission made by learned Counsel for the State and the fat that final order has already been passed in Confiscation (Prohibition) Case No. 620 of 2019-20, this writ application is dismissed.

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However, the petitioner would be at liberty to file an appeal against the final order passed in Confiscation (Prohibition) Case No. 620 of 2019-20 before the appellate authority.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √

Tuntun Pandit v. the State of Bihar through Principal Secretary, Reg., Excise and Prohibition Deptt., Govt. of Bihar

Case brief

What is this about?

What did the court decide?

Tuntun Pandit v. the State of Bihar through Principal Secretary, Reg., Excise and Prohibition Deptt., Govt. of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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