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Judgment
The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner has prayed for following relief:-
“For issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities to release PIGGIO of the
petitioner bearing registration No. BR01GG/6258 three wheeler having Chassis No. MBX0003ABWD635307, Engine No. S8D8892295 colour blue
which was seized on 27.05.2020 under jurisdiction Alamganj P.S. P.R. No. 28/2020 dated 27.05.2020 U/s 30(a), 32(1), 32(2), 41(1), 41(2) in the
PIAGGIO Ape.
Petitioner further seeks any other relief/reliefs for which he is found entitled in the eye of law and in the facts and circumstances of the present
case.â€
It has been submitted on behalf of counsel for the State that final order of confiscation has already been passed in this case, as such, present petition
for interim release of vehicle has become infructuous, however, it is submitted on behalf of counsel for the petitioner that no notice of confiscation
case was ever served upon petitioner, as such, he is not aware of any confiscation proceeding being initiated against the seized vehicle.
The writ petition is disposed of with liberty to petitioner to file a petition for recall of order of confiscation of the vehicle passed by the District
Collector/confiscating authority, Patna who shall examine the records of the case and if he comes to a finding that notices were not validly served on
the petitioner being owner of the seized vehicle, the confiscating authority shall recall the ex-parte order and decide the case afresh after hearing all
the parties and giving opportunity to petitioner to file show cause and, if the confiscating authority finds that notices have been validly served upon the
petitioner and order is not fit to be recalled, then petitioner may avail remedy of appeal against the ex-parte order.