Allowed

Guddu Nonia v. The State Of Bihar and Ors.

Patna HC8 Apr 2019CWJC/19614/2018

Case brief

AI extract

What is this about?

High Court granted provisional release of a seized motorcycle to the petitioner in an excise case. Petitioner must produce ownership documents, provide surities, and submit undertakings regarding future offenses, vehicle alienation, and production of the vehicle.

What did the court decide?

Provisional release of Motorcycle BR 24T/3669 subject to production of ownership, registration, sureties, and undertaking regarding future conduct and production of vehicle.

Guddu Nonia Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19614 of 2018

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Guddu Nonia, Son of Late Baban Nonia, Resident of Village + P.S. Mohaniya, District - Kaimur at Bhabua.

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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 Excise, Government of Bihar, Patna.

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The Collector cum District Magistrate, Rohtas at Sasaram.

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The Superintendent of Police, District - Rohtas.

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The Excise Officer, Rohtas at Sasaram.

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The S.H.O. Sheosagar, P.S. Baddi, District - Rohtas.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Rameshwar Singh, Advocate For the Respondent/s : Mr. Anil Kr.Sinha -GA1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

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HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA 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 appearing on behalf of the state.

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The petitioner prays for provisional release of the Motorcycle bearing Registration No. BR 24T/3669, which has been seized in connection with Sheosagar (Baddi) P.S. Case No. 351 of 2017 for the offences punishable under Sections 30(a), 34, 35, 37(b) of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying

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Patna High Court CWJC No.19614 of 2018 dt.08-04-2019 2/3

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under the open sky in the police station. The seizure list reflects the seizure of 2 liters of Mahua.

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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, 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, Rohtas at Sasaram 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:

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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 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

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Patna High Court CWJC No.19614 of 2018 dt.08-04-2019 3/3

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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, Rohtas at Sasaram 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. This release would, however, be subject to finalization of the confiscation proceeding.

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With the observations/directions above, this writ petition is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Nasimul/Manish

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	12-04-2019
Transmission Date	N/A

Guddu Nonia v. The State Of Bihar and Ors.

Case brief

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Guddu Nonia v. The State Of Bihar and Ors.

Case brief

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