Petitioner sought provisional release of a motorcycle seized in an excise case. The court noted no liquor was recovered from it. Directing release upon production of ownership papers, the writ petition was allowed.
Direction to release the seized motorcycle to the petitioner upon production of ownership and registration papers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4372 of 2019
======================================================
Birchandra Kumar (Male), aged about 24 years, S/o Lakhan Singh, Resident of Vill.-Mathurachak, P.o.-Mathura Sultanpur, P.S.-Bidupur, Distt.-Vaishali844115
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur For the Respondent/s : Mr. Vikash Kumar (SC11)
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 14-03-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Hero Honda Glamour Motorcycle bearing Registration No. BR31Z-0288, which has been seized in connection with C-2A Case No. 118 of 2018 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the allegation is that the motorcycle was standing at the place where recovery of huge amount of liquor was made. He submits that the seizure list confirms that no recovery was made from
Patna High Court CWJC No.4372 of 2019 dt.14-03-2019 2/2
the motorcycle in question, except that it was being used for the illegal purposes. He submits that no notice as yet has been received regarding the initiation of confiscation proceedings.
Learned counsel for the State is not in a position to contest the submission of learned counsel for the petitioner.
Having heard learned counsel for the parties and taking note of the statutory provision and the fact that no recovery is made from the motorcycle in question, we direct that the vehicle in question be released in favour of the petitioner on production of ownership and registration papers with respect to vehicle in question in his name before the designated Court below.
The writ petition is allowed.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Shailendra/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 01.04.2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether the seized motorcycle should be released pending confiscation proceedings.
1 provisions across 1 enactments
Birchandra Kumar
State of Bihar
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
