In a writ petition, the petitioner sought release of Rs.50,000/- seized from him during a prohibition case involving whiskey and money. The High Court allowed the petition, directing the respondents to release the amount forthwith within 14 days.
Release of Rs.50,000/- seized by the police within 14 days of the order's receipt/production.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1974 of 2019
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Bhola Kumar, Son of Raghubansh Rai, Resident of Village Mohalla Ashok Nagar, Road no.9(A), P.S. Kankarbagh, District Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Premchandra Yadav, Adv. For the Respondent/s : Mr. Anil Kumar Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 04-02-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for release of Rs.50,000/- (Fifty thousand) which has been seized in connection with Kankarbagh P.S. Case No.547 of 2017 for the offences punishable under sections 272, 273 and 290 of the Indian Penal Code and sections 30(a), 37(c) of the Bihar Prohibition and Excise Act, 2016.
Mr. Premchandra Yadav, learned counsel appearing for the petitioner submits that for the alleged recovery of five bottles of Royal Stag whiskey each containing 375 ml not only
Patna High Court CWJC No.1974 of 2019 dt.04-02-2019 2/2
the motorcycle has been seized but also Rs.50,000/- has been seized by the police which he had kept in his pocket. He submits that the petitioner is only concerned with the release of Rs.50,000/- because the motorcycle in question also seized belongs to another person.
Having heard learned counsel for the parties and taking note of the nature of seizure made we direct the concerned respondents to release Rs.50,000/- (Fifty thousand) forthwith in favour of the petitioner within 14 days from the date of receipt/production of a copy of this order.
The writ petition is allowed.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Skpathak/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 18.02.2019 |
| Transmission Date | NA |
2 provisions across 2 enactments
Bhola Kumar
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna
The District Magistrate, Patna
The Senior Superintendent of Police, Patna
S.H.O., Police Station, Kankarbagh, Patna
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
