Dipu Kumar Yadav @ Deepu Kumar Yadav vs State of Bihar

Rajeev Ranjan Prasad, J

Heard the learned counsel for the petitioner and learned AC to GP-11 for the State.

Petitioner in the present case is seeking release of the vehicle bearing registration No. BR29BB5340, Chassis No.MA1UJ2TZ2R2F35199 and Engine No. TZRZE90255.

It appears that the the vehicle in question has been seized and a case bearing Uchakagaon P.S. Case No. 349 of 2024 dated 22.10.2024 has been registered under Sections 303(2), 3(5) of B.N.S., 2023 and Section 30(a)/45 of the Bihar Prohibition and Excise Act, 2022.

From the counter affidavit, it appears that the Superintendent of Police, Gopalganj has already forwarded a requisition to the Confiscation Officer, i.e., District Magistrate, Gopalganj for confiscation of the vehicle in question.

Learned counsel for the petitioner submits that in view of the pendency of this writ application, perhaps the confiscation case has been kept stayed.

It, therefore, appears that the confiscation case has already been registered and is pending before the District Magistrate, Gopalganj.

In the given facts and circumstances, we dispose of the writ application giving liberty to the petitioner to move before the Confiscating Authority, i.e., District Magistrate, Gopalganj with an appropriate application in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021. The petitioner may also seek such other statutory remedy which may be available to him. If any such application is filed before the District Magistrate, Gopalganj within a period of thirty days from today, the District Magistrate, Gopalganj (Respondent No.3) shall consider and dispose off the same within eight weeks from the date of filing of the application, keeping in view the several judicial pronouncements on the subject.

The  writ  application  stands  disposed  off accordingly.