High CourtsDivision Bench

Kamesh Kumar vs State Of Bihar And Ors

Patna High Court · Decided on 8 December 2020 · Citation: (2020) 12 PAT CK 0075

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 9037 Of 2020
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Judgment

13 paragraphs · 229 words

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 relief:-

“This writ application is being filed on behalf of the petitioner above named for direction to the respondent authorities to release the seized Hero

Glamour Motorcycle bearing its registration No. BR30V-1271, which was seized by SSB Jawans and handed over to Sonbarsa police station in

connection with C2 Case No. 33 of 2020, whereby and whereunder the said motorcycle was seized due to recovery of total 36 litters Nepali Saufi

wine from the said motorcycle and petitioner is the only owner of this vehicle.â€​

It is submitted on behalf of counsel for the State that final order dated 06.07.2020 has been passed in Confiscation Case No. 184 of 2020 by the

Confiscating Authority, as such, present writ petition for interim release of seized vehicle has become infructuous.

The writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal against the order passed by the Confiscating Authority

and, if any, such appeal is filed within 30 days, the appellate authority shall condone the delay in filing appeal and shall decide the appeal on merit

within 60 days from the date of its filing.