Writ petition filed for provisional release of a motorcycle seized for liquor offences. Court directed release upon production of ownership documents and furnishing of sureties and undertakings.
Provisional release of seized motorcycle in petitioner's favour against two sureties and undertakings within 14 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19182 of 2018
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Raushan Kumar @ Alen Kumar @ Tapu Son of Balkeshwar Singh Resident of Village-Arang, P.S.-Dinara, Distirct-Rohtas at Sasaram
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Jai Prakash Singh For the Respondent/s : Mr. Kumar Manish- Sc5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 08-04-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.
The petitioner prays for provisional release of the Motorcycle Passion Pro bearing Registration No.BRO3U9037, Chasis No.MBLHAR 180 HHC68684, Engine No.NAIOACHHCO9361, which has been seized in connection with Dinara P.S. Case No. 40 of 2018 for the offences punishable under Sections 272, 273 of the IPC and Section 30(a), 35, 38 of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.19182 of 2018 dt.08-04-2019 2/3
It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 3.240 litres of India made foreign liquor.
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, if any, and shall not alienate the vehicle during this period.
Patna High Court CWJC No.19182 of 2018 dt.08-04-2019 3/3
(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.
(iv) Prior to release of the vehicle, a Panchanama would be got 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. This release would, however, be subject to finalization of the confiscation proceeding, if any.
With the observations/directions above, this writ petition is allowed.
(Jyoti Saran, J)
( Arvind Srivastava, J)
sanjeev/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 19/04/2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether a motorcycle seized in connection with liquor offence be provisionally released pending initiation of confiscation proceedings.
2 provisions across 2 enactments
Raushan Kumar @ Alen Kumar @ Tapu
State Of Bihar
District Magistrate Rohtas
Superintendent of Police, Rohtas
District Supply Officer, Rohtas
S.H.O. Dinara
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
