Allowed

Phulo Mukhiya v. The State Of Bihar and Ors.

Patna HC22 Apr 2019CWJC/20707/2018

Case brief

AI extract

What is this about?

The High Court of Bihar granted a writ petition seeking provisional release of a seized pick-up van. The court directed release upon production of ownership papers, security via bank guarantee or property title, and specific undertakings pending confiscation proceedings.

What did the court decide?

Provisional release of the seized pick-up van upon production of ownership papers, security (Bank Guarantee or title deed), and specific undertakings filed before the designated court.

Phulo Mukhiya Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20707 of 2018

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Phulo Mukhiya, Son of Nandan Mukhiya, R/o- villge- Barchhiya, Ward No. 08, P.S. - Hayaghat, Distt. Darbhanga.

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... ... Petitioner

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Versus

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The State of Bihar through Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.

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The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The Collector, District - Araria

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The Superintendent of Police, Araria

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Respondent/s : Mr. Anil Kr.Sinha, GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 22-04-2019

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Heard learned counsel for the petitioner and learned counsel for the State.

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This application has been filed seeking provisional release of the Pick-up Van bearing registration No. BR 07GA-5120 seized in connection with Jokihat P.S. Case No. 89/2018 instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code read with 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 522 litres of IMFL has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the

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Patna High Court CWJC No.20707 of 2018 dt.22-04-2019 2/4

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police station. The seizure list supports the seizure of the Pick-up Van and 522 litres of IMFL.

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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 papers with respect to vehicle in question before the designated court below with one local surety alongwith a Bank Guarantee or original title deed of immovable property situated within the District to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the Bank Guarantee or the original title deed, 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 further.

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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.

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Patna High Court CWJC No.20707 of 2018 dt.22-04-2019 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 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety (local) alongwith the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings.

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Patna High Court CWJC No.20707 of 2018 dt.22-04-2019 4/4

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With the observations above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Anjani Kumar Sharan, J)

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Archana/

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Surendra/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 07.05.2019 Transmission Date NA

Phulo Mukhiya v. The State Of Bihar and Ors.

Case brief

What is this about?

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Phulo Mukhiya v. The State Of Bihar and Ors.

Case brief

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