Allowed

Raja Ram Sharma v. The State Of Bihar and Ors.

Patna HC1 Feb 2019CWJC/1912/2019

Case brief

AI extract

What is this about?

The High Court directed the provisional release of a motorcycle seized along with foreign wine in excise proceedings. The court ordered production of ownership documents, registration, and two sureties to facilitate the release.

What did the court decide?

Provisional release of the motorcycle was directed subject to production of ownership documents, registration, and payment of sureties along with specific undertakings.

Raja Ram Sharma Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1912 of 2019

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Raja Ram Sharma Son of Sampati Sharma Resident of Village- Kalwara, P.S. Hathauri, District- Samastipur

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... ... Petitioner

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Versus

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The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna

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The Principal Secretary, Excise and Registration Department, Govt. of Bihar, Patna

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The District Magistrate, Samastipur

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... ... Respondents

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Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Adv. For the Respondent/s : Mr. Anil Kumar Sinha, GA 1 ======================================================

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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 : 01-02-2019

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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 motorcycle bearing registration No. BR 33 W1018, Engine No. HA12EMGHA15153, Chasis No. MBLHA12ACGHA15029, which has been seized in connection with Hathauri P.S. Case No. 47 of 2018 for the offences punishable under sections 272, 273 of the Indian Penal Code and Sections 30(a) & 47 of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 375 ml of Foreign wine has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the

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Patna High Court CWJC No.1912 of 2019 dt.01-02-2019 2/3

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police station. The seizure list supports the seizure of the motorcycle and 375 ml of Foreign wine.

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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 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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Patna High Court CWJC No.1912 of 2019 dt.01-02-2019 3/3

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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 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, which would however be subject to initiation and finalization of the confiscation proceeding, if any.

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With the observations above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Archana/

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Surendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	09.02.2019
Transmission Date	NA

Raja Ram Sharma v. The State Of Bihar and Ors.

Case brief

What is this about?

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Raja Ram Sharma v. The State Of Bihar and Ors.

Case brief

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