Arun Kumar Jha, J. – Learned counsels for the respective parties have been heard on the last date of hearing.

2. The petitioner has filed the instant writ petition seeking the following reliefs: –

“(i) For issuance of an appropriate Writ in nature of mandamus for quashing of order dated 13.08.2022 passed in confiscation case No. 480/2022 and consequential order dated 19.12.2022 passed in Excise Appeal case No. 519/2022 and order dated 09.02.2023 passed in Excise Revision Case No. 04/2023.

(ii) For the issuance of appropriate writ/order direction or writ in the nature of mandamus commanding the respondents to release the vehicle of the petitioner since the same is rotting in police station premises and is subject of decay.

(iii) For the issuance of appropriate writ/order direction to the respondents authorities that during the pendency of instant application the process of auction of said vehicle of the petitioner be stayed. iv. For grant of any other relief or reliefs to which the petitioner be found entitled in the law be granted to them.”

3. Briefly stated, the case of the petitioner is as follows: –

The petitioner is registered owner of Mahindra Scorpio vehicle bearing Registration No. BR-09PA-3316, Engine No. TDJ4M89824 and Chassis No. MA1TA2TDKJ2M16641, and as per prosecution case, during checking of vehicles, one Mahindra Scorpio bearing registration No. BR07PB-5068 was chased and intercepted by the police, but the driver of the vehicle fled away taking advantage of darkness. From the said vehicle, recovery of total 117 liters of India made foreign liquor was made for which Kishanganj Special Case No. 140/2022 arising out of Excise Case bearing PR. No. 60/2022 dated 17.02.2022 was registered under Section 30 (a) of the Bihar Prohibition & Excise Act against the owner-cum-driver of the vehicle.

4. Further case of the petitioner is that prior to institution of Excise Case bearing PR. No. 60/2022 dated 17.02.2022, the vehicle of the petitioner bearing registration No. BR-O9PA-3316 with aforesaid description was stolen by some unknown person from Begusarai and for that Town P.S (Begusarai) case No. 62/2022 dated 24.01.2022 has been registered against unknown person.

5. Further case of the petitioner is that on 07.05.2022 Excise Officials of Kishanganj District informed the petitioner that his vehicle was recovered in connection with Special Case No. 140/2022 arising out of Excise Case bearing PR. No. 60/2022 dated 17.02.2022. Thereafter, the petitioner went to Excise Office, Kishanganj where Excise Officials informed the petitioner that the registration number of the vehicle was found changed at the time of seizure but after verification of Engine and Chassis number, it came to light that the said vehicle belonged to the petitioner. Thereafter, the petitioner filed an application before the District Magistrate-cum-Collector, Kishanganj on 10.06.2022 along with all relevant documents for release of his vehicle, but no action has been taken by the District Magistrate-cum-Collector, Kishanganj on the said application.

6. Further case of the petitioner is that the petitioner filed an application in the court of learned Chief Judicial Magistrate, Begusarai in connection with Town P.S (Begusarai) case No. 62/2022 for a direction to the concerned SHO to release the vehicle of the petitioner bearing registration No. BR- 09-PA-3316, but the said application was rejected vide order dated 23.07.2022 by the court of learned Chief Judicial Magistrate, Begusarai.

7. Further case of the petitioner is that thereafter petitioner came to know about the proposal for confiscation sent to District Magistrate, Kishanganj by the Excise Officials and also about the confiscation proceeding bearing Confiscation Case No. 480/2022 which was initiated in the matter. Thereafter, on 06.08.2022, the petitioner filed an application in the confiscation proceeding stating therein that a writ petition was filed before this Court for release of vehicle and the petition