LAWS(PAT)-2017-4-81

ARVIND SAO Vs. STATE OF BIHAR

Decided On April 08, 2017
Arvind Sao Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner claims to be the owner of Auto Rickwhaw bearing Registration No.BR 46P 0508, which was seized in connection with Lakhisarai P.S. Case No. 394 of 2016 for alleged violation of the provisions of Bihar Excise (Amendment) Act, 2016.

(2.) The petitioner had approached before the learned Chief Judicial Magistrate, Lakhisarai, for release of the said vehicle and the prayer was refused by order dated 02.01.2017 vide Annexure-4 for the reason that a confiscation proceeding in respect of the said vehicle is already going on.

(3.) Learned counsel for the petitioner has relied on a Division Bench order of this Court in CWJC No. 3554 of 2017 passed on 08.03.2017. The relevant portion of the same is reproduced below: