Prabhash Kumar vs State Of Bihar And Ors

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 appropriate order/writ direction in the nature of certiorary commanding the respondents to quash the order passed in Excise

Appeal Case No. 57/2020 dated 03.09.2020, passed by the learned Excise Commissioner, Bihar, Patna whereby and whereunder learned

Commissioner has been pleased to dismiss the appeal and confirmed the order dated 11.02.2010 passed by the learned Collector, Patna, whereby the

vehicle in question namely RENAULT KWID CAR, Registration No. BR01TH-8035 has been confiscated and directed to be sold through auction.

(ii) Further to quash the order passed by learned Collector in Confiscation Case No. 1720/2019-20 dated 11.02.2020 whereby and whereunder learned

Collector-cum-Magistrate, Patna has been pleased to confiscated the Renault Car bearing Registration No. BR01PH-8035 and ordered to auction the

same and deposit the money in State Treasury for alleged recovery of one 180 ml. Royal Challenge English Liquor from the car.

(iii) Further for issue direction to release the vehicle (Car) No. BR01PH-8035 in favour of the petitioner.

(iv) Further for issuance of other order/direction to which the petitioner is found to be entitled too in the facts and circumstances of the case.â€​

Petitioner has filed this writ petition without exhausting the remedy of revision against the order as impugned.

The writ petition is disposed of with liberty to petitioner to avail the statutory remedy of revision against the order as impugned before the Revisional

Authority and, if any such revision is filed within 30 days, the revisional authority shall condone the delay in filing the revision petition and shall decide

the revision on merit within 60 days from the date of filing of such revision petition.

During pendency of revision petition, the vehicle shall not be auction sold.