Allowed

Bablu Singh v. The State Of Bihar and Ors.

Patna HC8 Apr 2019CWJC/19429/2018

Case brief

AI extract

What is this about?

In a writ petition challenging the seizure of a motorcycle under the Bihar Prohibition and Excise Act, 2016, the Patna High Court granted provisional release of the vehicle to the petitioner subject to furnishing security, undertaking, and production before the authority.

What did the court decide?

Provisional release of the motorcycle BR-28P-0280 subject to ownership proof, security, undertakings, and a Panchanama.

Bablu Singh Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19429 of 2018

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Bablu Singh son of Ramayan Singh @ Raman Kumar, permanent resident of Village- Thakurai Bairia, P.O.- Jagarnatha, P.S.- Uchkagaon, DistrictGopalganj, presently Village- Noniya Tola, Ward No. 16, P.S. Nagar Gopalganj, District- Gopalganj.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The District Magistrate, Gopalganj.

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The Superintendent of Police, Gopalganj.

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Inspector, Excise Sadar-cum- Hathua Region, District- Gopalganj.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Upendra Yadav For the Respondent/s : Mr.Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

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ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 08-04-2019

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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 the motorcycle bearing Registration No.BR-28P-0280, Engine No.TDH4C75397, Chasis No.MA1TA2TDK2C28699, which has been seized in connection with Excise Case No.123 of 2018 for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.19429 of 2018 dt.08-04-2019 2/4

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 129.60 liters of India Made Foreign Liquor.

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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 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 Collector-cum-District Magistrate, Gopalganj with one 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:

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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

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Patna High Court CWJC No.19429 of 2018 dt.08-04-2019 3/4

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pendency of the confiscation proceeding, if any, 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 would be got prepared by the Collector-cum-District Magistrate, Gopalganj, 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 surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above.

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This release would, however, be subject to final order passed in the confiscation proceeding. The title deed papers shall remain in safe custody of the confiscation authority subject to final decision in the confiscation proceedings.

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Patna High Court CWJC No.19429 of 2018 dt.08-04-2019 4/4

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With the observations/directions above, this writ petition

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is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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sanjeev/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 12/04/2019 Transmission Date NA

Bablu Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Bablu Singh v. The State Of Bihar and Ors.

Case brief

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