SUMAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Suman Kumar, learned counsel for the petitioner and Mr. Kumar Pankaj, learned AC to SC-5 for the respondent-State.

(2.) The present writ application has been filed for quashing the order dated 09.02.2019, passed by respondent no.2, Collector-cum-District Magistrate, Madhepura in Excise Confiscation Case No. 72 of 2018, arising out of Murliganj P.S. Case No. 218 of 2018, whereby Yamaha SZRR V2.0 M Geen motorcycle of the petitioner bearing Registration No. BR43L4052 has been confiscated. Further prayer has been made for stay of auction proceeding till disposal of final disposal of the confiscation proceeding. The relief as stipulated in paragraph no.1 of the writ application reads as follows:-

(3.) Considering the fact that the final order has been passed by the Collector in the confiscation proceeding and the Act provides an alternative efficacious remedy of appeal against the order passed by the Collector within ninety days before the Excise Commissioner by virtue of Section 92(2) under Chapter IX of the Act, hence, this Court is not inclined to interfere in the matter.