Allowed

Pawan Kumar v. The State of Bihar

Patna HC1 Aug 2019CWJC/10085/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking provisional release of a TATA Tiago car seized in an IMFL case. The court directed release subject to production of papers, a surety, and a Bank Guarantee or property title deed, pending confiscation proceedings.

What did the court decide?

Provisional release of the seized vehicle directed upon production of ownership papers, a surety, and a Bank Guarantee or title deed.

Pawan Kumar Vs The State of Bihar — Motor Accident Claims | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10085 of 2019

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Pawan Kumar Son of Rajendra sah @ Rajendra Prasad Sah Resident of Ward No. 16, Hasanpur, Police Station-Raniganj, District-Araria.

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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 Excise and Prohibition, Governemnt of Bihar, Patna

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The Divisional Commissioner, Purnea Division, Purnea

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The District Magistrate Cum Collector, Araria.

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The Superintendent of Police, Araria.

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The Officer in-Charge of Araria (Bairgachhai O.P.) Police Station, DistrictAraria.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhijeet Gautam For the Respondent/s : Mr.Kumar Manish (Sc5)

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====================================================== 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 TATA Tiago XZ Car and prays for provisional release of his vehicle bearing registration No. BR11AC3998 which has been seized in connection with Araria (Bairgachhi O.P.) P.S. Case No. 811 of 2018 for the offences punishable under sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying

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Patna High Court CWJC No.10085 of 2019 dt.01-08-2019 2/3

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under the open sky in the police station. The seizure list supports the seizure of the vehicle and 176.40 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 yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration papers with respect to vehicle in question before the designated court below with one surety alongwith a Bank Guarantee or original title deed of immovable property situated within the District to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the Bank Guarantee or the original title deed, as the case may be, 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 would be prepared by the court below wherein the photograph of the vehicle shall

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Patna High Court CWJC No.10085 of 2019 dt.01-08-2019 3/3

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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 production of ownership/registration papers supporting the claim of the petitioner together with one surety alongwith the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings.

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With the observations above, this writ petition is allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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sushma/-
AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	14.8.19
Transmission Date	NA

Pawan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pawan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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