Shailesh Yadav 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) To issue an appropriate order/s, direction/s including a writ preferably in nature of certiorari for quashing the order dated 31.01.2020 passed by the

court of learned District Magistate-cum-Collector, Nalanda in Confiscation (Excise) Case No. 11/2019 (State of Bihar V/s Shailesh Yadav) whereby

and whereunder the learned District Magistrate order passed to confiscate the vehicle/pick up van of the petitioner bearing Reg. No.BR02W-9458,

Chassis No. MAT445064EZH36209 and Engine No. 275IDI06HVYS82462 under Section 58(5) of the Bihar Prohibition and Excise Act and directed

to Superintendent of Excise, Nalanda to start the process of public auction of alleged vehicle in connection with Hilsa P.S. Case No. 304/19 under

Sections 272 and 273 of I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act, 2016 lying in the premises of police station and subject to

natural decay.

(II) For issuance of appropriate writ, order/direction commanding the respondents to release the pickup van of the petitioner in view of the order

passed by this Hon’ble Court in C.W.J.C. No. 16529/19 a reasonable surety.

(III) Any other relief/s to which the petitioners are entitled in the facts and circumstances of the case.

Petitioner has filed present writ petition against the order dated 31.01.2020 passed by the learned District Magistrate-cum-confiscating authority in

Confiscation (Excise) Case No. 11 of 2019 without exhausting the statutory remedy of appeal against the order as impugned.

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

Confiscating authority and, if any, such appeal is filed within 30 days before the appellate authority, the delay in filing such appeal may be condoned, as

the case remain pending before this Court and appellate authority shall decide the appeal on merit within 60 days from the date of filing of such

appeal.

During pendency of this appeal, the seized vehicle shall not be auction sold.