This writ petition sought release of a car seized for violation of Bihar Prohibition and Excise Act. The Court directed release upon furnishing two sureties and an undertaking to produce the vehicle.
Direction to respondents to release seized Indica Vista Aqua Car upon furnishing two sureties and undertaking to produce it as directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12145 of 2018
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Kurban Miya, Son of Abdul Hakim, Resident of Village- Najdik Raybari Mahuwa Jharmahui, P.S.- Chautarwa, District- West Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Gupta, Adv. For the Respondent/s : Mr. Vikash Kumar - SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 12-07-2018
This writ petition has been filed for release of Indica Vista Aqua Car, bearing registration no. HR-13D-2664 which has been seized in connection with Danaha P.S. Case No. 239 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings, vehicles have been directed to be released by this Court on various conditions and we seen no reason to make a deviation in the present case.
Patna High Court CWJC No.12145 of 2018(2) dt.12-07-2018 2/2
Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, West Champarand at Bettiah, within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.
The valuation of the vehicle shall be done as per the valuation shown in the insurance papers.
With the aforesaid, the writ petition stands allowed and disposed off .
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
Shamshad/-
U
1 issue framed by the court
Whether a vehicle seized under the Bihar Prohibition and Excise Act, 2016 should be released pending confiscation proceedings.
1 provisions across 1 enactments
Kurban Miya
The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna
The Principal Secretary, Department of Excise, Government of Bihar, Patna
The District Magistrate, West Champaran, Bihar
The Superintendent of Police, West Champaran, Bihar
The District Transport Officer, West Champaran, Bihar
HONOURABLE THE CHIEF JUSTICE
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
