AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
16 paragraphs · 251 wordsHeard learned counsel for the parties.
Petitioner has prayed for following relief:-
“(i)For issuance of appropriate writ/writs, order/orders, direction/directions particularly in the nature of mandamus to releasing the Mahendra
Scorpio bearing registration no. BR-07PA-6321 chasis No. MA1TA2TDKF5D13500 and Engine No. TDF4d86635 in favour of petitioner which has
been seized by an ASI of Bahadurpur police station of Darbhanga district on account of an alleged recovery of total 1.260 litre of liquor from the said
vehicle and subsequently a Bahadurpur PS case No. 98 of 2020 dated 22.02.2020 was registered for offence under Section 30a of Bihar Prohibition
and Excise Act, 2016.
(ii) For issuance of an appropriate writ/order/direction for setting aside the order of the District Collector Darbhanga passed in Excise Confiscation
Case No. 79 of 2020 dated 28.08.2020 as well as the order dated 21.12.2020 passed by the Excise Commissioner, Patna in Excise Appeal No. 155 of
2020.â€
Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted
to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 8 weeks, then Revisional
Authority shall condone the delay in filing the revision petition and shall decide the revision petition preferably within 8 weeks from the date of its filing
on its own merit.
During pendency of revision petition, confiscated property shall not be auction sold, if not auction sold.
With aforesaid liberty, the writ petition is disposed of.