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2020 Supreme(Pat) 324

SANJAY KAROL, ANIL KUMAR UPADHYAY
Manish Kumar Chaudhary, Son of Subodh Kumar Chaudhary – Appellant
Versus
State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners:Mr. Dilip Kumar, Advocate
For the Respondents: Mr. Lalit Kishore, AG along with Mr. Vikash Kumar, SC 11

ORDER :

Sanjay Karol, J.

Heard learned counsel for the petitioner and the respondents.

2. The petitioner prays for setting aside the order dated 09.12.2016 passed by the District Magistrate, Sitamarhi, in Confiscation Case No. 55 of 2016 whereby vehicle, namely, Swift Desire, bearing Registration No. BR-01CW 2912 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Mejaganj P.S. Case No. 183 of 2016 for the offences punishable under Sections 47(A) and 55(B) of the Bihar Excise Act.

3. With the consent of learned counsel for the parties, the writ petition stands disposed of in the following terms.

4. Learned counsel for the petitioner states that petitioner shall be content if directions are issued to the following effect:- (a) Interim order for release of the property (vehicle/house/land/shop etc.) be allowed to be continued to be in operation till such time the proceedings envisaged under the provision of the Bihar Prohibition and Excise Act, 2016 are not concluded; (b) petitioner shall fully cooperate in all such proceedings contemplated under the said Act and not take any unnecessary adjournment; (c) also if the proceedings fo

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