Allowed

Saurabh Kumar @ Surabh Kumar v. The State of Bihar

Patna HC1 Aug 2019CWJC/10074/2019

Case brief

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What is this about?

In a writ petition challenging the seizure of a vehicle for excise offences, the Patna High Court directed provisional release of the vehicle under security and specific undertakings, pending finalization of confiscation proceedings.

What did the court decide?

Provisional release of the seized vehicle on production of ownership/registration documents, two sureties, affidavit undertakings, and a certified Panchanama, within 14 days and subject to final confi

Saurabh Kumar @ Surabh Kumar Vs The… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10074 of 2019

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Saurabh Kumar @ Surabh Kumar Son of Ramjiwan Choudhary, R/o VillageLalupath, Rupaspur, P.O.- Dhanaut, P.S.- Rupaspur, District- Patna.

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... ... Petitioner/s

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Versus

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

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The Collector-cum-District Magistrate, Saran at Chapra.

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The Superintendent of Police, Saran at Chapra.

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The Station House Officer of Sonepur Police Station, District- Saran at Chapra.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha For the Respondent/s : Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

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Date : 01-08-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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The petitioner is owner of Hyundi Car Verna and prays for provisional release of his car bearing Registration No. BR1AH1086 which has been seized in connection with Sonepur P.S. Case No. 1244 of 2018 for the offences punishable under Sections 30(a)/38 of Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list

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Patna High Court CWJC No.10074 of 2019 dt.01-08-2019 2/3

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supports the seizure of the vehicle and 9 litres of IMFL.

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Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the District Magistrate, Saran at Chapra with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings:

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(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

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(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

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(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

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(iv) Prior to release of the vehicle, a Panchanama

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Patna High Court CWJC No.10074 of 2019 dt.01-08-2019 3/3

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would be prepared by the District Magistrate, Saran at Chapra wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

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The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release would however, be subject to finalization of the confiscation proceeding if any.

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With the observations, this writ petition is allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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sushma/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.8.19
Transmission Date	NA

Saurabh Kumar @ Surabh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Saurabh Kumar @ Surabh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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