Allowed

Raju Das, v. The State of Bihar

Patna HC16 Dec 2019CWJC/19761/2019

Case brief

AI extract

What is this about?

The Patna High Court provisionally allowed a writ petition seeking release of a seized motorcycle. The court directed the petitioner to produce ownership documents, one local and one non-local surety, and furnish specific undertakings regarding the vehicle before its release from the police station, subject to the final disposal of confiscation proceedings.

What did the court decide?

Provisional release of a seized motorcycle directed, conditional on ownership proof, undertaking to produce two sureties (one local, one non-local), specific undertakings against re-offending or alien

Raju Das, Vs The State of Bihar — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19761 of 2019

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Raju Das, Son of Satan Das, resident of village- Hanuman Nagar, PO & P.S.Sursand, District- Sitamarhi. ... ... Petitioner/s

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Versus

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

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The Commissioner, Excise Department Bihar, Patna.

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The Collector-cum-District Magistrate, Sitamarhi.

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The Superintendent of Police, Sitamarhi.

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The Excise Superintendent, Sitamarhi.

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The S.I. Excise, Sitamarhi, Distt.- Sitamarhi.

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The A.S.I. Excise, Sitamarhi Sadar B Area. Distt.- Sitamarhi.

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The Excise Officer (Constable), Sitamarhi.

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The Asstt. Commandant, 51 st BN SSB Sitamarhi B-Coy. ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Devendra Kumar, Adv. For the Respondent/s : Mr.Vikash Kumar, SC 11

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)

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Date : 16-12-2019

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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 TVS Apache RTR 180 (BSIV) motor cycle bearing Registration No.DL3S DR4184, Chasis No.MD634CE62H2D03812, which has been seized in connection with G.O. Case No.30 of 2019/394 of 2019 for the offence punishable under section 30(A) of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that

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Patna High Court CWJC No.19761 of 2019 dt.16-12-2019 2/4

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the confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 26 liters 640 ml. of Nepali Saufi 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 pending before the Collector-cumDistrict Magistrate, Sitamarhi, 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 District Magistrate, Sitamarhi with two sureties (one local) to the extent of proportionate to the value of the vehicle taking into consideration the age of 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. He will not change the future of vehicle in any manner.

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Patna High Court CWJC No.19761 of 2019 dt.16-12-2019 3/4

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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, Sitamarhi, 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/proceeding.

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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 of the vehicle would, however, be subject to finalization of the confiscation proceeding.

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With the aforesaid observation and directions, this writ petition is allowed.

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(Shivaji Pandey, J)

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(Anjani Kumar Sharan, J)

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Mahesh/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	23.12.2019
Transmission Date	N/A

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Patna High Court CWJC No.19761 of 2019 dt.16-12-2019 4/4

Raju Das, v. The State of Bihar

Case brief

What is this about?

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Raju Das, v. The State of Bihar

Case brief

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