LAWS(PAT)-2017-11-27

MD. ARSAD Vs. THE STATE OF BIHAR

Decided On November 02, 2017
Md. Arsad Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Fifty bottles of Nepali liquor was recovered from the Auto Rickshaw of the petitioner bearing registration No.BR-11PA 4884 and Tarabari P.S. Case No.56 of 2017 was registered under Section 30(a) of the Bihar Prohibition and Excise Act , 2016. Subsequently, Confiscation Case No.76 of 2017-18 was initiated for confiscation of the aforesaid Autorickshaw and by order dated 11.08.2017 contained in Annexure-8 the said vehicle was confiscated.

(3.) The present writ application has been filed challenging the confiscation order on the ground that pre-trial confiscation is bad-in-law and the aforesaid issue is under consideration before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Hence, till adjudication of the aforesaid issue the operation of the impugned order be stayed and interim release of the vehicle be ordered as no purpose is going to be served by its continued detention in police lockup.