Allowed

Suresh Paswan v. The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Deaprtment

Patna HC26 Sept 2018CR. WJC/2303/2018

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking provisional release of a vehicle seized in connection with a complaint for illicit liquor under the Bihar Prohibition and Excise Act. The petition was disposed of in view of the illicit quantity being less than 30 liters, directing release upon furnishing sureties and undertaking.

What did the court decide?

Release of the seized motorcycle subject to furnishing two sureties and submission of an undertaking regarding the vehicle's pendency.

Suresh Paswan Vs The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Deaprtment — Patna HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2303 of 2018

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Arising out of Complaint Case No. C-2/319 of 2018, District Sitamarhi

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Suresh Paswan, Son of Bhola Paswan @ Bhila Paswan, Resident of VillageBhavdepur, Ward No.14, Police Station- Riga, District- Sitamarhi.

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.... .... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

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

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The Collector-cum-District Magistrate, Sitamarhi.

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The Superintendent of Excise, Sitamarhi.

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.... .... Respondents

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====================================================== Appearance :

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For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr. Anil Kumar Sinha (GA-1)

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

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2 26-09-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

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The petitioner is seeking provisional release of the vehicle Hero Glamour Motorcycle bearing Reg.No.BR-30T-0615, Chassis No.MBLJAR023HGL48353, Engine No.JAO6ERHGL16542, which has been seized in connection with Complaint Case No.C-2/319 of 2018, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act for recovery of 13.200 liters illicit liquor from the vehicle in question.

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Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions

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Patna High Court Cr. WJC No.2303 of 2018 (2) dt.26-09-2018

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2/2

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which may be imposed by this Court for provisional release of the vehicle in question.

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Learned counsel for the petitioner submits that no confiscation proceeding has been initiated.

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In view of the views expressed by the Hon’ble Division Bench of this Court, considering the quantity of the illicit liquor being less than 30 liters, this Court would direct release of the vehicle in question on petitioner furnishing two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below. Apart from the above, the petitioner shall be obliged to submit an undertaking before the learned court below that during the pendency of the confiscation proceeding he would not deal with the vehicle in question and shall not create any kind of encumbrance whatsoever and no third party right or interest shall be created. He would also undertake to produce the vehicle in question as and when required by the authority concerned.

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Let the vehicle be released within a week after

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submission of the two sureties as indicated above.

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This application stands disposed off.

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Arvind/Ved/-

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(Rajeev Ranjan Prasad, J)

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U T

Suresh Paswan v. The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Deaprtment

Case brief

What is this about?

What did the court decide?

Suresh Paswan v. The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Deaprtment

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

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