MD. NASIM ANSARI Vs. STATE OF BIHAR
LAWS(PAT)-2021-3-26
HIGH COURT OF PATNA
Decided on March 10,2021

Md. Nasim Ansari Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

SANJAY KAROL, S.KUMAR, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State.
(2.) Petitioner has prayed for the following reliefs: - '(a) To issue an appropriate writ, order or direction in the nature of mandamus for release of Tempo (three wheeler) Registration No.BR03PA1006, Engine No. A4L0859570, Chasis No. MA1LM2FYJE5M21039, which has been seized by Bihiya Police Station in connection with Bihiya Police Station Case No.72 of 2020, Registered on 16.3.2020 under Section 30A of the Bihar Prohibition and Excise Act, 2018. (b) This Hon'ble Court may adjudicate and hold that pre trial detention/confiscation aforementioned Tempo of the petitioner by the respondents under Bihar Prohibition and Excise (Amendment) Act, 2018 is illegal in the eye of law and also the petitioner is entitled for provisional release of his Tempo vehicle in his favour since the petitioner is the owner of said vehicle and also in view of the judgment of his Hon'ble Court passed in various similarly situated cases wherein direction of provisional release of the vehicle seized in the case of Excise Act has been passed.'
(3.) 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 January, 2020 passed in CWJC No.17165 of 2019 titled as Umesh Sah Versus the State of Bihar and Ors. and order dated 29.01.2020 passed in CWJC No.2050 of 2020 titled as Bunilal Sah @ Munilal Sah.;


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