SUMRIT RAY Vs. STATE OF BIHAR
LAWS(PAT)-2020-2-39
HIGH COURT OF PATNA
Decided on February 03,2020

Sumrit Ray Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

BALESWAR ROY AND ORS. VS. THE STATE OF BIHAR [REFERRED TO]


JUDGEMENT

DINESH KUMAR SINGH,J. - (1.)Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Vivek Prasad, learned G.P. 7.
(2.)The present writ application has been filed for release of HF DELUXE motorcycle bearing registration no. BR38R- 9827 seized in connection with Jogbani P.S. Case No. 273 of 2019 registered for the offences punishable under Section 30(a), 38(2) of the Bihar Prohibition and Excise Act , 2016 as amended by the Amendment Act 8 of 2018 (hereinafter referred to as 'the Act').
(3.)The relief, as prayed for, has been stipulated in paragraph no. 1 of the present writ petition, which reads as follows:-
"i. To issue writ of mandamus directing and commanding the respondents to release the motorcycle of the petitioner bearing registration no. BR38R-9827, chassis no. MBLHAW037K9B02944 and Engine no. HA11ENK9B01721, which was seized on 18.09.2019 in Jogbani Police Station Case No. 273 of 2019 registered under sections - 30(a), 38(i) of the Bihar Prohibition and Excise Act , 2016 for alleged recovery of total 18 liters Nepali country made wine for which confiscation proceeding has not been initiated till date.

ii. Any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case.



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