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SANJAY KAROL, ANIL KUMAR UPADHYAY
Umesh Sah Son of Late Mangal Sah – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Excise – Respondent
ORDER :
Sanjay Karol, J.
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
2. Learned counsel for the petitioner invites our attention to our earlier order dated 09.01.2020 passed in CWJC No. 20598 of 2019, Reported in 2020(3) PLJR 926 titled as Md. Shaukat Ali Vs. The State of Bihar & Ors., and wants the petition to be disposed of in terms thereof.
3. With the consent of the learned counsel for the parties, the writ petition stands disposed of in the following terms.
4. The petitioner prays for provisional release of Pick Up Van (Tata Motor/SFC-407 D-Van) bearing Registration No. BR-06G-4211 which has been seized in connection with Turkauliya P.S.Case No. 709 of 2018 for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016.
5. It is continued practice of this Court that in cases of drunken driving; no recovery from the vehicle; recovery of less than commercial quantity; where ex-facie, vehicle is not liable to be confiscated; where there is inordinate delay in initiating proceedings for confiscation of the vehicle etc., this Court has been d
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