Allowed

Manoj Tanti v. The State of Bihar and Ors.

Patna HC12 Mar 2019CWJC/4333/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of a seized motorcycle involved in an excise case. The court mandated production of ownership, registration, and two sureties with specific undertakings to prevent alienation or similar offenses.

What did the court decide?

Provisional release of the seized motorcycle on production of ownership, registration, two sureties, and specific undertakings within 14 days.

Manoj Tanti 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.4333 of 2019

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Manoj Tanti, aged about 35 years, Male, Son of Late Chandeshwar Tanti @ Chano Tanti, Resident of Village- Bardaha, Police Station- Ghailadh, DistrictMadhepura.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

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The District Magistrate, Saharsa, Bihar.

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The Superintendent of Police, Saharsa.

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The Excise Superintendent Saharsa.

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The Station House Officer, Saharsa Police Station, District-Saharsa.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Respondent/s : Mr. Vivek Prasad (GP7 )

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 12-03-2019

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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 Hero Splendor Pro Motorcycle bearing Registration No. BR-19F7042, Chasis No. MBLHA10A3DHL06855 Engine No. HA10ELDHL17123, which has been seized in connection with Saharsa Sadar P.S. Case No. 311 of 2018 for the offences punishable under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act.

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Learned counsel appearing on behalf of the

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Patna High Court CWJC No.4333 of 2019 dt.12-03-2019 2/3

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petitioner submits that he has no information about initiation of the confiscation. It is stated that the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 4.125 liters IMFL.

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Having heard learned counsel for the parties and taking note of the nature of seizure made, 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:

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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

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Patna High Court CWJC No.4333 of 2019 dt.12-03-2019 3/3

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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 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 initiation and 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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Nasimul/Shailendra

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	28-03-2019
Transmission Date	N/A

Manoj Tanti v. The State of Bihar and Ors.

Case brief

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Manoj Tanti v. The State of Bihar and Ors.

Case brief

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