Allowed

Sunil Kumar v. The State of Bihar and Ors.

Patna HC5 Mar 2019CWJC/3703/2019

Case brief

AI extract

What is this about?

The High Court directed the provisional release of a motorcycle seized in connection with an excise offence. The release is conditional upon providing ownership documents, sureties, and specific undertakings regarding future conduct and non-alienation during pending proceedings.

What did the court decide?

Direction to release the seized motorcycle provisionally subject to production of ownership, registration, two sureties, and submission of specific undertakings within 14 days.

Sunil Kumar Vs The State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3703 of 2019

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Sunil Kumar, aged about 26 years (male), S/o Paspat Sah, R/o Gosaipur, P.O. Madhwapur, P.S. Bairgania,Dist.-Sitamarhi

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... ... Petitioner/s

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Versus

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

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The Collector-cum-District Magistrate,Sitamarhi

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The Superintendent of Excise, Sitamarhi

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The Sub-Inspector, Excise,Sitamarhi

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate For the Respondent/s : Mr.Anil Kr. Sinha (GA1) ======================================================

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN

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and

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HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 05-03-2019

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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 Motorcycle bearing Chasis No. ME4JC652HG7195701, Engine No. JC65E-070631526, which has been seized in connection with Excise Case No. C2- 580 of 2018 for the offences 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 confiscation proceeding is pending and the vehicle is lying

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Patna High Court CWJC No.3703 of 2019 dt.05-03-2019 2/3

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under the open sky in the police station. The seizure list reflects the seizure of 15 liters 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, 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 Collectorcum-District Magistrte, Sitamarhi 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:

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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.

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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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Patna High Court CWJC No.3703 of 2019 dt.05-03-2019 3/3

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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.

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

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

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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shailendra/Nasimul

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	08.03.2019
Transmission Date	N/A

Sunil Kumar v. The State of Bihar and Ors.

Case brief

What is this about?

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Sunil Kumar v. The State of Bihar and Ors.

Case brief

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