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2022 Supreme(Pat) 146

SANJAY KAROL, S.KUMAR
Kajal Devi Wife of Mukesh Kumar – Appellant
Versus
State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Manoj Kumar, Advocate
For the Respondent: Mr.Vivek Prasad ( Gp7 )

JUDGMENT :

S. KUMAR, J.

The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

1. Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

1. That this is an application for issuance of an appropriate writ/order/direction particularly in nature of Mandamus for directing the Learned Special Judge, Excise, Muzaffapur, to release the motorcycle TVS APACHE RTR 160 ABS bearing Registration No.BR06 BW 6578, Engine No.CE4CK2601030, Chassis No.MD634Ce41K2C01133 which was illegally seized in Mushari P.S. Case No. 204 of 2020 dated 03.12.2020 registered under sections 272, 273, 34 of Indian Penal Code & 30(a) of the Bihar Prohibition and Excise Act, 2016 & 25(1-b)a, 26, 35 of Arms Act for recovery of 6.595 liters foreign liquor. Confiscation proceeding has not yet been initiated in the court of the District Magistrate, Muzaffapur.

2. Learned counsel for the petitioner prays that the petition be disposed of in terms of order dated 9th January, 2020 passed in CWJC No. 20598 of 2019 titled as Md. Shaukat Ali Vs. The State of Bihar and subsequent order dated 14th Ja

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