Allowed

Md. Niyaz Ansari v. The State of Bihar

Patna HC17 Dec 2019CWJC/20140/2019

Case brief

AI extract

What is this about?

The High Court of Patna allowed a writ petition seeking provisional release of an indigo car seized in an excise case. The court directed release subject to ownership proof, a local surety, a bank guarantee, and specific undertakings not to alienate the vehicle or involve it in future offences.

What did the court decide?

Provisional release of the indigo car allowed subject to ownership proof, surety, bank guarantee, and specific undertakings regarding non-alienation and future conduct.

Md. Niyaz Ansari Vs The State of Bihar — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20140 of 2019

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Md. Niyaz Ansari, aged about 53 years, Male, Son of Late Abdul Ghani, Resident of Village-Boragarh Staff Colony, P.S.-Khandih, District-Dhanbad

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Excise Registration and Prohibition, Govt. of Bihar, Patna

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The Collector of Gaya

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The Superintendent of Police, Gaya

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The Sub Inspector of Excise Police Station, Dobhi Gaya

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate For the Respondent/s : Mr.Vivek Prasad (GP7)

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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 : 17-12-2019

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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 Indigo Car bearing Registration No.JH10AT2094, which has been seized in connection with Excise Case No. 379 of 2019 for the offences punishable under Sections 30 (a) and 56(B) 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 43.92 liters of IMFL and 48 liters of beer.

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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

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Patna High Court CWJC No.20140 of 2019 dt.17-12-2019 2/3

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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 designated Court below with one surety (local) along with a Bank Guarantee proportionate to the value of the vehicle looking to the age as indicated in the insurance document. The petitioner would renewed the Bank Guarantee before its expiry, failing which the money would be transferred to the State. The petitioner while submitting the surety and the bank guarantee 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 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 designated 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

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Patna High Court CWJC No.20140 of 2019 dt.17-12-2019 3/3

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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 (local) along with the bank guarantee proportionate to the value of the vehicle looking to the age as indicated in the insurance document 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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As the petitioner has been made accused in the present case, the vehicle shall be released subject to condition the petitioner obtains bail in the aforesaid criminal case.

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

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(Shivaji Pandey, J)

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( Anjani Kumar Sharan, J)

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Nasimul/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	21-12-2019
Transmission Date

Md. Niyaz Ansari v. The State of Bihar

Case brief

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Md. Niyaz Ansari v. The State of Bihar

Case brief

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