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SANJAY KAROL, ANIL KUMAR UPADHYAY
Md. Shaukat Ali – Appellant
Versus
State of Bihar through Principal Secretary, Department of Registration and Excise – Respondent
ORDER :
Sanjay Karol, J.
The petition filed on 01.10.2019 is listed for hearing for the first time today before the Court.
2. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
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 Tata Indigo white vehicle bearing Registration No. BR 01CX 1796 which has been seized in connection with Kotwali P. S. Case No. 721 of 2019, for the offences punishable under Sections 427/279 of the Indian Penal Code and Section 37(b)(c) 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 directing the State to provisionally release vehicle/property, subject to initiation/conclusion/finalisation of the confiscatory proceedings, as the case may be. Reference can be made to the judgments/ orde
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