Polity High Court directed provisional release of a seized Mahindra Bolero Pickup to the petitioner in excise proceedings pending confiscation, subject to security and affidavits.
Provisional release of seized vehicle upon deposit of ownership documents, surety, and bank guarantee or title deed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3734 of 2019
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Sunil Kumar, aged about 30 years, male, S/o Suresh Yadav, resident of Vill.Pagamberpur, P.S.- Town, Distt.- Sheikhpura.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Respondent/s : Mr. Kumar Manish (SC5) ======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 22-04-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner prays for provisional release of the Mahindra Bolero Pickup bearing Registration No. JH09AL-2785, which has been seized in connection with G.O. Case No. 346 of 2018 for the offences punishable under Sections / of the Indian Penal Code read along with side Section 30 (a) and 56 (b) of the Bihar Prohibition and Excise Act.
It is stated by learned counsel for the petitioner that
Patna High Court CWJC No.3734 of 2019 dt.22-04-2019 2/4
confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 401.616 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 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 Collector-cumDistrict Magistrate, Nawada with one surety along with 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:
(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
Patna High Court CWJC No.3734 of 2019 dt.22-04-2019 3/4
pendency of the confiscation proceeding and shall not alienate the vehicle during this period.
(iii) The petitioner shall furnish an undertaking to 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 District Magistrate, Nawada, 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release of the vehicle would, however, be subject to finalisation of the confiscation proceeding. The title deed papers shall remain in safe custody of the Confiscating Authority subject to final decision in the
Patna High Court CWJC No.3734 of 2019 dt.22-04-2019 4/4
confiscation proceedings.
With the observations/directions above, this writ petition
is allowed.
(Jyoti Saran, J)
( Anjani Kumar Sharan, J)
amit/-naizmul
AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.04.2019 Transmission Date N/A
1 issue framed by the court
Whether the seized vehicle involved in pending confiscation proceedings be provisionally released to the petitioner.
Sunil Kumar
The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna
Jyoti Saran
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
