Allowed

Sanjeev Kumar v. The State of Bihar and Ors.

Patna HC12 Mar 2019CWJC/4366/2019

Case brief

AI extract

What is this about?

The High Court granted provisional release of a vehicle seized in pending confiscation proceedings involving illegal liquor. The petitioner must provide ownership papers, a surety, and a bank guarantee or title deed with specific undertakings within 14 days.

What did the court decide?

Provisional release of the seized vehicle (Reg No. JH10Z-0684) upon production of ownership papers, a surety, a bank guarantee, and specific undertakings within 14 days.

Sanjeev Kumar Vs The State of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4366 of 2019

¶2

======================================================

¶3

Sanjeev Kumar, aged about 37 years (Male), Son of Sarvan Prasad, R/o Village-Ramabandh, P.S. Aurangabad Town, District-Aurangabad

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

The District Magistrate, Aurangabad

¶8

The Superintendent of Police, Aurangabad

¶9

The Officer in Charge, Aurangabad Town Police Station, District Aurangabad

¶10

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mrs. Leelawati Kumari, Advocate For the Respondent/s : Mr. Anil Kumar Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

¶11

Date : 12-03-2019

¶12

Heard learned counsel for the petitioner and learned

¶13

counsel for the State.

¶14

The petitioner prays for provisional release of the Car bearing Registration No. JH10Z-0684, which has been seized in connection with Town Aurangabad P.S. Case No. 327 of 2018 for the offences punishable under Sections / of the Indian Penal Code read along with side Sections 30 (a), 38 (i) of the Bihar Prohibition and Excise Act.

¶15

It is stated by learned counsel for the petitioner that

¶16

Patna High Court CWJC No.4366 of 2019 dt.12-03-2019 2/4

¶17

confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 80 liters country liquor.

¶18

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 District Magistrate, Aurangabad 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:

¶19

(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.

¶20

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during

¶21

Patna High Court CWJC No.4366 of 2019 dt.12-03-2019 3/4

¶22

the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

¶23

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

¶24

(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the District Magistrate, Aurangabad, 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.

¶25

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 would, however, be subject to finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the confiscating authority subject to final decision in the confiscation

¶26

Patna High Court CWJC No.4366 of 2019 dt.12-03-2019 4/4

¶27

proceedings.

¶28

With the observations/directions above, this writ

¶29

petition is allowed.

¶30

(Jyoti Saran, J)

¶31

( Arvind Srivastava, J)

¶32

Nasimul/Shailendra

¶33

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

Sanjeev Kumar v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kundan Singh @ Kundan Kumar Singh @ Kundan Kumar Vs The State Of Bihar and Ors.

Vijay Kuamr Ram Vs The State Of Bihar and Ors.

Sanjay Kumar Vs The State Of Bihar and Ors.

Raja Kumar Vs The State of Bihar and Ors.

Manoj Tanti Vs The State of Bihar and Ors.

Chunmun Prasad Vs The State Of Bihar and Ors.