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Judgment
Petitioner has prayed for the following relief(s):-
“(i) For direction/order to the Respondents No. 2 & 5 to release the vehicle (Motorcycle) bearing registration number BR03M-6597 in favour of
the petitioner, which had been confiscated in connection with Badhara P.S.Case No. 01 of 2017 dated 1/1/2017 registered under section 37(ii) of the
Bihar Excise & Prohibition Act, 2016;
(ii) Any other relief(s) as the petitioner may be found entitled by this Hon’ble Court under facts and circumstances of the case mentioned herein
below.â€
It is not in dispute that pursuant to our order dated 7th March, 2018 the vehicle bearing registration No. BR03M-6597 stands released in favour of the
petitioner. Also it is brought to our notice that confiscatory proceeding under the provisions of Section 56 of the Bihar Excise & Prohibition Act, 2016
stands concluded. Statutory remedy of preferring an appeal can be availed of by the petitioner.
As such, in view of such intervening developments, we dispose of the present petition on the following mutually agreeable terms :-
(a) Petitioner shall prefer an appeal within a period of six weeks from today, failing which our order dated 7.3.2018 shall seize to be in effect and the
vehicle shall stand confiscated by the authority;
(b) appeal shall be heard and disposed of on merit within a period of two months, i.e., on or before 31st March, 2021;
(c) petitioner undertakes to fully co-operate and not take any unnecessary adjournment;
(d) during the pendency of the appeal the vehicle shall be with the custody of the petitioner;
(e) the issue as to whether the authorities would have proceeded with the passing of the order, confiscating the property, is not required to be gone
into.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, also stand disposed of.