Balwant Tiwari vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

I. For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 17.06.2021 passed by the District Magistrate, Kaimur

(Bhabua) in Excise (Vehicle Confiscation) Case No.69/2021 (State vs. Balwant Tiwari and others) by which, he has confiscated the vehicle of the

petitioner bearing registration no. UP67Z-6087 (Bolero), which has been seized in connection with Chand P.S. Case No.36/21 dated 06.03.2021,

instituted for the offences under Sections 30(a)/37(i) of the Bihar Prohibition and Excise (Amended) Act, 2018 and directed Superintendent, Excise

kaimur (Bhabhua) to auction the aforesaid vehicle within two months and deposit the auction money in the Treasury, Kaimur by way of challan,

without considering the fact that there is no recovery of liquor from the aforesaid Bolero vehicle of the petitioner and there is nothing to show that the

vehicle in question was used in transportation or sale and purchase of liquor.

II. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to release the

Bolero vehicle of the petitioner bearing Registration No. UP67Z-6067, Chassis No.MA1XL2WJXK5E429347, Engine No. WJK6E40878, which has

arbitrarily been seized by the Chand Police Station, District- Kaimur at Bhabhua in connection with Chand P.S. Case No.36/21 dated 06.03.2021.

III. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner will be found entitled in the facts

and circumstances of the case.â€​

Petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order, as such, petitioner is granted

liberty to avail the remedy of appeal against the confiscation order passed by the Confiscating Authority- cum- District Magistrate, before the

Appellate Authority and if any such appeal is filed within 4 weeks then appellate authority shall condone the delay in filing the appeal and shall decide

the appeal on its own merit preferably within 8 weeks from the date of its filing.

During pendency of appeal, the confiscated property/ vehicle shall not be auction sold, if not already auction sold.

With aforesaid liberty, the writ petition is disposed of.