The High Court granted permission for the provisional release of the petitioner's vehicle, seized under the Bihar Prohibition and Excise Act, pending initiation of confiscation proceedings.
Provisional release of the seized vehicle allowed upon production of ownership, registration, two sureties, and execution of affidavits with the designated court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10145 of 2019
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Harendra Kumar Singh Son of Shivnath Singh Resident of Village Baraaon, P.O. More Saray, Mamarodiha Takia Bazar, P.S. Sasaram (M), District Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Singh For the Respondent/s : Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 05-08-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is owner of Maruti Suzuki Alto Lx 800 Car and prays for provisional release of his vehicle bearing registration No. BR24Q7888 which has been seized in connection with Sasaram (M) P.S. Case No. 279 of 2018 for the offences punishable under sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is
Patna High Court CWJC No.10145 of 2019 dt.05-08-2019 2/3
lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 3 litres of IMFL.
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 with respect to vehicle in question in his name before the designated court below 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:
(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.
(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.
(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.
Patna High Court CWJC No.10145 of 2019 dt.05-08-2019 3/3
(iv) Prior to release of the vehicle, a Panchanama would be prepared by the designated court below 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.
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, which would however be subject to initiation and finalization of the confiscation proceeding, if any.
With the observations above, this writ petition is allowed.
(Jyoti Saran, J)
( Partha Sarthy, J)
sushma/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 17.8.19 |
| Transmission Date | NA |
1 issue framed by the court
Whether the petitioner is entitled to provisional release of his vehicle seized in connection with excise offences pending confiscation proceedings.
1 provisions across 1 enactments
Harendra Kumar Singh
State of Bihar
Jyoti Saran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
