Allowed

Md. Asgar Khan v. The State Of Bihar and Ors.

Patna HC7 Jan 2019CWJC/16234/2018

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of a seized motorcycle bearing illicit liquor. The court ordered release subject to conditions including ownership proof, two sureties, undertaking against alienation, and a Panchanama.

What did the court decide?

Provisional release of the seized motorcycle on production of ownership, registration, two sureties, and execution of affidavits regarding non-alienation and production of the vehicle.

Md. Asgar Khan Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16234 of 2018

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Md. Asgar Khan, son of Idrish Khan, resident of Taj Nagar Nohsa, Police Station- Phulwari Sharif, 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 Bihar Prohibition and Excise, Bihar, Patna.

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That Collector-cum- District Magistrate, Patna.

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The Superintendent of Police, Patna.

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The Superintendent of Excise, Patna.

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The Sub Inspector of Police Andar P.S., District- Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Neerad Parashar, Advocate For the Respondent/s : Mr. Vikash Kumar- SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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2 07-01-2019

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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 prays for provisional release of the Pulsar Motorcycle bearing Registration No. BR01AQ9905, Chasis No. MD2DHDHZZSCC79258 Engine No. DHGBSC74704, which has been seized in Siwan distrcit in connection with Special Case No. 153 of 2016 for the offences punishable under Section 37(b) of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that no confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 555 ml. Whiskey.

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Patna High Court CWJC No.16234 of 2018(2) dt.07-01-2019 2/3

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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 no 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 court below with two sureties (one local) 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 further.

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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.16234 of 2018(2) dt.07-01-2019 3/3

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would be prepared by the 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.

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Subject to the above conditions, following the views expressed by the Hon’ble Division Bench of this Court and in tune with that, we dispose of this application.

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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 would, however, be subject to initiation and 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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(Arvind Srivastava, J)

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Shailendra/- U

Md. Asgar Khan v. The State Of Bihar and Ors.

Case brief

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Md. Asgar Khan v. The State Of Bihar and Ors.

Case brief

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