Allowed

Ashok Paswan v. The State Of Bihar, Through The Principal Secretary, Excise Department and Ors.

Patna HC6 Oct 2017CR. WJC/1559/2017

Case brief

AI extract

What is this about?

Writ petition challenging refusal to release seized motorcycle. Court grants interim release subject to executing surety bond of Rs.50,000 with two sureties, pending the result of a larger bench hearing on the confiscation power under the Bihar Prohibition and Excise Act.

What did the court decide?

Seized motorcycle to be released in favour of petitioner on execution of surety bond of Rs.50,000 along with two sureties.

Ashok Paswan Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No. 1559 of 2017

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Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR

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Ashok Paswan, Son of Siya Paswan, R/o Village - Narwa, P.S. - Fatuha, District - Patna

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.... .... Petitioner

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Versus

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The State of Bihar, through the Principal Secretary, Excise Department. 2. The District Magistrate, Muzaffarpur. 3. The Superintendent of Police, Muzaffarpur. 4. The District Supply Officer, Muzaffarpur. 5. The S.H.O., Kanti P.S., District- Muzaffarpur.

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.... .... Respondents

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=========================================================== Appearance : For the Petitioner : Mr. Alok Kumar Alok, Advocate \ Mr. Hans Lal Kumar, Advocate For the Respondents : Mr. Kumar Ravish, Advocate

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 06-10-2017

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Heard learned counsels for the parties.

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The petitioner claims to be owner of motorcycle vehicle bearing registration no. BR-01AR-4722 which was seized in connection with Kanti P.S. Case No. 152 of 2017 for alleged violation of the Excise Laws.

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By the impugned order dated 12.06.2017, the learned 3^rd Additional Sessions Judge-cum-Special Judge, Excise, Muzaffarpur refused to release the vehicle in favour of the petitioner for the reason that Section 60 of the Bihar Prohibition and Excise Act, 2016 bars jurisdiction of the court in such matter.

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The aforesaid order is under challenge in this criminal

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writ petition.

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The State-respondents have challenged the prayer on the

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Patna High Court Cr. WJC No.1559 of 2017 dt.06-10-2017

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2 /2

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ground that the order of the court below is consistent with the law applicable, hence, requires no interference.

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Considering the fact that power of the Executive Authority to confiscate and auction the seized articles, which is exercisable by a judicial authority, is under challenge before a Larger Bench in L.P.A. No. 1647 of 2015 ( Baleshwar Roy vs. The State of Bihar & Ors. ) as well as considering the fact that different Division Benches of this Court have ordered interim release of the seized vehicle in favour of the owner of the vehicle, let the vehicle in question be released in favour of the petitioner on execution of surety bond of Rs.50,000/- (rupees fifty thousand) (not in the form of bank guarantee or cash) along with two sureties of the like amount each with condition that the petitioner shall not dispose of the same without permission of the Court and shall produce the vehicle as and when required by the court.

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The release shall be subject to the final result of the pending L.P.A. aforesaid.

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With the aforesaid observation, the writ application stands disposed of.

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Kundan/-

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AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	09.10.2017
Transmission Date	09.10.2017

Ashok Paswan v. The State Of Bihar, Through The Principal Secretary, Excise Department and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Paswan v. The State Of Bihar, Through The Principal Secretary, Excise Department and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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