Allowed

Chandan Kumar Singh v. The State of Bihar

Patna HC16 Dec 2019CWJC/19808/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of an impounded vehicle seized in an excise case. The court ordered release upon production of documents and undertaking with two sureties pending confiscation proceedings.

What did the court decide?

Provisional release of the petitioner's vehicle on production of ownership, registration, two sureties, and specific undertakings within 14 days.

Chandan Kumar Singh Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19808 of 2019

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Chandan Kumar Singh @ Chandan Kumar, (Male-26 years), S/o Baikunth Prasad Singh, R/o Vill- Dhaneshpur South, Vidyapati Nagar, P.S.- Vidyapati Nagar, Dist- Samastipur.

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Department of Excise, Patna, Bihar.

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The District Magistrate, Begusarai.

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The Superintendent of Excise Department, Begusarai.

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The Officer in charge- Bakhari Police Station, Begusarai.

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... ... Respondents

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Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Respondent/s : Mr. Vivek Prasad, G.P.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and

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HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT

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(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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Learned counsel for the petitioner is directed to

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make necessary correction in the name of the petitioner in course of the day.

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The petitioner is the owner of Maruti Suzuki Wagon R vehicle and prays for provisional release of his vehicle

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Patna High Court CWJC No.19808 of 2019 dt.16-12-2019 2/4

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bearing Registration No. BR-09J-7558, which has been seized in connection with Begusaria / Bakhari P.S. Case No. 102 of 2019 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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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 aforesaid vehicle and 375 M.L. of I.M.F.L.

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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 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 Court below with two sureties proportionate to the value of the vehicle, looking to the age 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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Patna High Court CWJC No.19808 of 2019 dt.16-12-2019 3/4

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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, if any, and shall not alienate the vehicle during this period as well as he will not change the feature of the vehicle in any manner.

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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 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.

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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 initiation and finalization of the confiscation proceeding.

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Patna High Court CWJC No.19808 of 2019 dt.16-12-2019 4/4

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With the observations/directions above, this writ

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petition is allowed.

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(Shivaji Pandey, J)

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( Anjani Kumar Sharan, J)

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pawan/-

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AFR/NAFR	N.A.F.R.
CAV DATE	N/A.
Uploading Date	21.12.2019
Transmission Date	N/A

Chandan Kumar Singh v. The State of Bihar

Case brief

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Chandan Kumar Singh v. The State of Bihar

Case brief

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