Santosh 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 writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 24.01.2020 passed by

respondent no.3, in Excise Confiscation Case No. 274/2019, whereby and under the vehicle of the petitioner bearing Registration No. KA25N-6152

has not been released and directed to be confiscating in connection Town P.S. Case No. 141 /2019 dated 20.06.2019 under Section 30(a) of Bihar

Prohibition and Excise Act, 2016.

ii. For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus commanding/directing the respondents to release the vehicle

of the petitioner bearing Registration No. KA25N-6152, Engine No. F8DN3297423, Chassis No. MA3EYD81S00728464, Model-Maruti Alto, Colour

Blue, which was seized in connection Town P.S. Case No. 141/2019 dated 20.06.2019 under Section 30(a) of the Bihar Prohibition and Excise Act

2016 (amended).

iii. For further any other relief/reliefs, order/orders, direction/directions, may deem fit and proper in the facts and circumstances of this Case.â€​

Petitioner has filed this writ petition for setting aside the order dated 24.01.2020 passed by District Collector, Darbhanga in confiscation case No. 274

of 2019 by which the Confiscating Officer-cum-District Collector has passed order to confiscate the vehicle under section 58 of the Bihar Prohibition

and Excise Act, 2016.

Petitioner has approached this Court without availing the statutory remedy of appeal against order as impugned.

The writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal against the order dated 24.01.2020 passed by District

Magistrate cum Collector, Darbhanga, if any, such appeal is filed within 60 days by petitioner, the appellate authority shall condone the delay in filing

appeal as the matter remain pending before this Court and shall decide the appeal on merit preferably within 60 days from the date of filing of such

appeal.