The Patna High Court directed provisional release of a seized motorcycle in an excise case where confiscation proceedings had not yet commenced, subject to ownership proof, sureties, and undertakings.
Provisional release of the seized motorcycle subject to ownership proof, sureties, and specific undertakings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20253 of 2019
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Lalita Devi Wife of Tribhuvan sah, Resident of Village-Jagarnatha, Police Station-Manjhagarh, District-Gopalganj.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Jai Shanker Prasad For the Respondent/s : Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)
Date : 17-12-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Motorcycle bearing Chasis No. MD634CE42K2H05769 and Engine No. CE4HK2705719, which has been seized in connection with Vishambharpur P.S. Case No. 111 of 2019 for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.20253 of 2019 dt.17-12-2019 2/4
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 12.6 liters of IMFL.
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 designated Court below 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:
(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.
(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.
(iii) The petitioner shall furnish an undertaking to
Patna High Court CWJC No.20253 of 2019 dt.17-12-2019 3/4
produce the vehicle before the confiscating authority as and when required.
(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 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.
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.
With the observations/directions above, this writ petition is allowed.
(Shivaji Pandey, J)
( Anjani Kumar Sharan, J)
devendra/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 21.12.2019 |
| Transmission Date | NA |
Patna High Court CWJC No.20253 of 2019 dt.17-12-2019 4/4
1 issue framed by the court
Whether the seized motorcycle should be released provisionally pending initiation of confiscation proceedings under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Lalita Devi
State of Bihar
Shivaji Pandey
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
