Allowed

Manoj Kumar v. The State of Bihar and Ors.

Patna HC1 Apr 2019CWJC/5148/2019

Case brief

AI extract

What is this about?

A single-judge bench directed the provisional release of a vehicle seized during excise proceedings pending confiscation. The court ordered the petitioner to furnish ownership documents, a surety, and either a bank guarantee or immovable property title deed.

What did the court decide?

Provisional release of the seized vehicle against security in the form of surety, bank guarantee, or immovable property title deed.

Manoj Kumar Vs The State of Bihar and Ors. — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5148 of 2019

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Manoj Kumar S/o Brahhamdev Singh Vill.- Vishanpur Bathua, P.s.- Pusa, Distt.- Samastipur (Owner of the Vehicle Registration No. BR09R-8163 White Colour BOLERO PICK UP)

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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 Registration, Excise and Prohibition, Govt. of Bihar

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The Excise Commissioner Bihar, Patna

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The Collector-cum-The District Magistrate Samastipur

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The Superintendent of Police Samastipur

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The Sub-Inspector Excise Sadar Samastipur

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Pramod Kumar Singh For the Respondent/s : Mr.Kumar Manish (Sc 5)

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 29-04-2019

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Heard learned counsel for the petitioner and learned Counsel for the State.

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The petitioner prays for provisional release of the vehicle (Bolero Pick up) bearing Registration No. BR09R-8163, Chasis No.MA1ZN2GHKE1F49423, Engine No.GHE1F38884 which has been seized in connection with Excise Case No. 147 of 2017 for the offences punishable under Section 30(a),38(i) and 38(ii) of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects

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Patna High Court CWJC No.5148 of 2019 dt.29-04-2019 2/3

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the seizure of 709 litres of illicit liquor.

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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 District Magistrate, Samastipur 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:

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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 further.

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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

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Patna High Court CWJC No.5148 of 2019 dt.29-04-2019 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

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would be prepared by the District Magistrate, Samastipur 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 one surety along with a Bank Guarantee and the undertakings as stated above. This release however, would be subject to the final order passed in confiscation proceeding.

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The writ petition is allowed.

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(Jyoti Saran, J)

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( Anjani Kumar Sharan, J)

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Bibhash/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	13.05.2019
Transmission Date	NA

Manoj Kumar v. The State of Bihar and Ors.

Case brief

What is this about?

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Manoj Kumar v. The State of Bihar and Ors.

Case brief

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