Shashank Bhushan v. The State of Bihar
Case at a glance
Outcome
Disposed of
petition stands disposed of
Provisions considered
Key paragraphs
- Para 44. With the aforesaid observations, this writ petition stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) manish/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 07.10.2023 NA
Judgment
Mr.Sachin Kumar Mr.Kumar Manish (Sc5) ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 27-09-2023 In the instant writ petition, the petitioner has prayed for the following reliefs:
i) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondents to release, the vehicle/motorcycle bearing Registration Chassis No. No. BR-06AU- 4866, Engine No. MBLJA06AMFGK07708, JA06EJFGK09234, which was seized in connection with Paroo P.S. Case No. 624 of 2022 registered on 19.12.2022 U/s 414 of Patna High Court CWJC No.13336 of 2023 dt.27-09-2023 Indian Penal Code and 37/30(a)/31/41(A) of Bihar Prohibition and Excise Act, 2016, herein after referred as the Act of 2016, in favor of the petitioner. ii) For issuance of writ in nature of mandamus or any other appropriate writ for restraining the respondent authority from taking any coercive action pursuant to confiscation case arising out of Paroo P.S. Case No. 624 of 2022 dated 19.12.2022. iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions which your Lordships may deem fit in the facts and circumstances of this case.
On 22.09.2023, the following order was passed: “Learned counsel for the state is hereby directed to secure instruction as to whether confiscation proceedings have been initiated pursuant to Paroo P.S. Case No.624 of 2022 registered on 19.12.2022 under Section 414 of Indian Penal Code read with provisions of the Bihar Prohibition and Excise Act, 2016 or not?
2. Relist this matter on 26.09.2023.”
Today, learned counsel for the State furnished copy of the notice dated 14.07.2023 seeking the petitioner’s version within a period of 15 days and it has already lapsed. For service of notice dated 14.07.2023 on the petitioner, no material has been placed on the record to the effect that subject matter of notice dated 14.07.2023 has been communicated to the Patna High Court CWJC No.13336 of 2023 dt.27-09-2023 petitioner. Since now it has been communicated to the petitioner’s counsel, therefore, we extend the time limit for the submission of the petitioner’s say on the notice dated
14.07.2023 for further period of 15 days from today. Thereafter, the concerned authority is hereby directed to take a decision and communicate the same to the petitioner at the earliest, within 15 days from the date of the petitioner’s explanation/version.
Operative part
With the aforesaid observations, this writ petition stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) manish/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 07.10.2023 NA
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 414; Bihar Prohibition and Excise Act, 2016.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.