Disposed

Munmun Singh @ Munamun Singh @ Munmun Kumar Singh v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna a

Patna HC13 Oct 2017CR. WJC/1573/2017

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought release of a seized vehicle involved in an alleged Bihar Excise law violation. The court granted ad interim custody on the deposit of a bank guarantee, subject to the outcome of a larger bench case pending on the same issue.

What did the court decide?

Release of seized vehicle to petitioner on ad interim custody execution of bank guarantee of Rs.3,00,000/- subject to result of pendency litigation.

Munmun Singh @ Munamun Singh @ Munmun… — 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.1573 of 2017

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

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Munmun Singh @ Munamun Singh @ Munmun Kumar Singh Son of Gopal Ji Singh @ Gopal Singh, R/o Village- Isadh, P.S.- Jagdishpur, District- Bhojpur.

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.... .... Petitioner/s

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Versus

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The State of Bihar Through The Principal Secretary, Excise Department, Government of Bihar, Patna.

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The District Magistrate Cum Collector , Bhojpur, Ara.

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The District Transport Officer, Bhojpur, Ara.

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The Superintedent of Police, Bhojpur, Ara. 5. The Sub Divisional Police Officer, Jagdishpur, Bhojpur, Ara. 6. The Station House Officer, Dhangai, P.S., Bhojpur, Ara.

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The Investigatin Officer, Dhangai P.S., Bhojpur, Ara.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Zakia Ozair, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 13-10-2017

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Heard learned counsel for the petitioner and the State.

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The Maruti Alto K-10 VXI of this petitioner bearing registration No.BR-03N/7935 was seized in connection with

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Dhangai P.S. Case No.14 of 2017 for alleged violation of the Bihar Excise law.

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Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of

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2015 Baleshwar Roy V. The State of Bihar & Ors. In the

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Patna High Court Cr. WJC No.1573 of 2017 dt.13-10-2017

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P2/

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circumstances, till pendency of the L.P.A. aforesaid, the vehicle in question be released in favour of the petitioner as no purpose is going to be served by its continued detention in police lockup.

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Commercial quantity of liquor was recovered from the vehicle of the petitioner.

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Since no purpose is going to be served by continued detention of the vehicle, let the same be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.3,00,000/- (Three Lacs) to the satisfaction of the learned Court-below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as

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and when required by the Court.

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With the aforesaid observation, this writ application stands disposed of. The release shall be subject to the result of the L.P.A. aforesaid.

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(Birendra Kumar, J)

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Mkr./-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	17.10.2017
Transmission Date	17.10.2017

Munmun Singh @ Munamun Singh @ Munmun Kumar Singh v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna a

Case brief

What is this about?

What did the court decide?

Munmun Singh @ Munamun Singh @ Munmun Kumar Singh v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna a

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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