Allowed

Lalit Sahni v. The State Of Bihar, Through The Secretary, Prohibition, Excise And Registration Department, Governm

Patna HC2 Jul 2018CR. WJC/1451/2018

Case brief

AI extract

What is this about?

Petitioner petitioned for provisional release of a seized vehicle alleged to contain foreign liquor. Court ordered release upon furnishing a bank guarantee or deposit of title deeds, providing an undertaking against illegal use or alienation, and executing a certified photograph and panchnama.

What did the court decide?

Provisional release of vehicle BR-07 GA-5938 within one week upon furnishing Rs. 2,00,000 security, executing undertaking, and preparing certified photograph/panchnama.

Lalit Sahni Vs The State Of Bihar, Through The Secretary… — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1451 of 2018

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Lalit Sahni S/o Sri Pooran Sahni, aged 36 Years, R/o Vill.- Afjala, P.S.Biraul, District- Darbhanga, Bihar.

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.... .... Petitioner/s Versus

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The State of Bihar, Through The Secretary, Prohibition, Excise And Registration Department, Government of Bihar, Patna.

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The Excise Commissioner, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

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The District Magistrate, Darbhanga.

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The Superintendent of Police, Darbhanga.

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The Station House Officer, Ghanshyampur, P.S.- Biraul, Distt.Darbhanga.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nikhil Kumar Agrawal For the Respondent/s : Mr. Vivek Prasad (Gp 7)

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 02-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

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Petitioner has prayed for release of the vehicle Bajaj Maxima bearing Reg. No. BR-07 GA-5938, which has been seized by the police in connection with G.O. Case No. 15 of 2018 arising out of Ghanshyampur P.S. Case No. 01 of 2018, DistrictDarbhanga for the offence under Sections 272, 273 of the Indian Penal Code and 30(a), of the Bihar Prohibition and Excise Act, 2016. It is alleged that 544.30 liters of foreign liquor have been recovered from the vehicle in question.

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Patna High Court Cr. WJC No.1451 of 2018 (2) dt.02-07-2018

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Page 2 of 3

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Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

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Considering the facts and circumstances, pending finalization of confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:-

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(i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature valued at Rs. 2,00,000/- (two lakhs) to the satisfaction of the District Magistrate, Darbhanga/ authority concerned.

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(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

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(iii) At the time of release, the concerned authority/court

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Patna High Court Cr. WJC No.1451 of 2018 (2) dt.02-07-2018

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Page 3 of 3

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shall get prepared a photograph duly certified in presence of the petitioner and Panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

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(iv) Petitioner undertakes not to challenge the said photograph and Panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

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The application stands disposed of.

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(Rajeev Ranjan Prasad, J)

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A.K.V./-

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U T

Lalit Sahni v. The State Of Bihar, Through The Secretary, Prohibition, Excise And Registration Department, Governm

Case brief

What is this about?

What did the court decide?

Lalit Sahni v. The State Of Bihar, Through The Secretary, Prohibition, Excise And Registration Department, Governm

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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