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2022 Supreme(Pat) 230

SANJAY KAROL, S.KUMAR
Mohan Hazra S/o Late Kanai Hazra – Appellant
Versus
State of Bihar through Principal Secretary, Department of Excise – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Dhananjay Prasad, Advocate
For the Respondent: Mr.Vikash Kumar (SC 11)

JUDGMENT :

S. KUMAR, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner has prayed for the following reliefs: -

    “(i) That this is an application for commanding and directing the respondent no. 2 to release the vehicle (Hyva Truck) bearing registration No. WB39A2119 accordance with law which have been seized in connection with Khajanchi Hatt Maranga P.S. Case No. 156/2021 dated 17.02.2021 U/s 272/273 of I.P.C. and 30(a) Bihar Prohibition and Excise Act 2016 in which neither confiscation proceeding has been started as yet nor any notice has been serve to the petitioner in confiscation proceeding.

(ii) That it is further prays that the petition be disposed of in terms of order dated 09.01.2020 passed in C.W.J.C. No. 20598 of 2019 titled as Md. Shaukat Ali V/s State of Bihar and subsequent order dated 14th January 2020 passed in C.W.J.C. No. 17165 of 2019 namely Umesh Sah versus The State of Bihar & Ors. and order dated 29.01.2020 passed in C.W.J.C. No. 2050 of 2020 titled as Bunilal Sah @ Munilal Sah V/s State of Bihar & Ors.”

3. Learned counsel for the petitioner prays that the petition be disposed of in terms of order dated 9th January, 2020 p

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