Allowed

Ram Hirday Yadav @ Ramhidya Yadav v. The State Of Bihar and Ors.

Patna HC1 Apr 2019CWJC/17222/2018

Case brief

AI extract

What is this about?

The High Court allowed a writ petition allowing provisional release of a seized truck involved in excise violations pending confiscation proceedings, conditioned on ownership proof, surety, bank guarantee, and specific undertakings.

What did the court decide?

Provisional release of the seized truck in favour of the petitioner subject to production of ownership, registration, surety, bank guarantee, and furnishing affidavits.

Ram Hirday Yadav @ Ramhidya Yadav Vs The State… — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17222 of 2018

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Ram Hirday Yadav @ Ramhidya Yadav Son of Sukhdeo Yadav, Resident of Moh- 11237/5 Doriwalan Manakpura Ram Nagar, P.S. Karolbagh, DistrictNew Delhi.

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... ... Petitioner/s

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Versus

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The State Of Bihar through Excise Commissioner, Patna

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The District Magistrate, Gopalganj.

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The Excise Superintendent, Gopalganj.

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The Station House Officer, Kuchaikot Police Station, District- Gopalganj.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha For the Respondent/s : Mr.Vikash Kumar - SC11 ======================================================

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 01-04-2019

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Heard learned counsel for the petitioner and learned Counsel for the State.

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The petitioner prays for provisional release of Truck bearing Registration No. HR-55M-3997, Engine No. 497TC92PZY866305, Chasis No. MAT457011A7P47853, which has been seized in connection with Kuchaikot P.S. Case No. 11 of 2018 for the offences punishable under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

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

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Patna High Court CWJC No.17222 of 2018 dt.01-04-2019 2/4

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vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 898.560 liters of I.M.F.L.

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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 with respect to vehicle in question in his name before the designated court below with one local surety along with 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. (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, as and when initiated, and shall not

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Patna High Court CWJC No.17222 of 2018 dt.01-04-2019 3/4

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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, the designated Court below would got prepared a Panchanama 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 production of ownership/registration papers supporting the claim of the petitioner together with one local surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance document and the undertakings as stated above. This release of the vehicle would, however, be subject to the initiation and finalization of confiscation proceeding. The title deed papers, if produced, shall remain in safe custody of the designated court below subject to final

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Patna High Court CWJC No.17222 of 2018 dt.01-04-2019 4/4

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decision in the confiscation proceeding.

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With the observations and directions above, this

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writ petition is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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mcv/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	10.04.2019
Transmission Date	NA

Ram Hirday Yadav @ Ramhidya Yadav v. The State Of Bihar and Ors.

Case brief

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Ram Hirday Yadav @ Ramhidya Yadav v. The State Of Bihar and Ors.

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