Allowed

Chandan @ Chandan Kumar v. The State of Bihar and Ors.

Patna HC9 Apr 2019CWJC/5249/2019

Case brief

AI extract

What is this about?

The High Court ordered provisional release of a Hyundai Eon car seized for excise violations. The petitioner must provide ownership papers, a local surety, and a bank guarantee or title deed as security for the confiscation proceeding.

What did the court decide?

Provisional release of the Hyundai Eon car on production of ownership, registration, surety, bank guarantee or title deed within 14 days.

Chandan @ Chandan Kumar Vs The State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5249 of 2019

¶2

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

¶3

Chandan @ Chandan Kumar (Sex-Male), aged about 36 years, S/o Brahmdeo Sah, Resident of Gandhi Nagar, Near Kaushalya Bhawan, P.S.-Godda, Distt.Godda (Jharkhand)

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

The District Magistrate, Bhagalpur

¶8

¶9

¶10

The Superintendent of Police, Bhagalpur

¶11

The Sub Divisional Police Officer, Sadar Bhagalpur, Distt.- Bhagalpur

¶12

The Station House Officer, Jagdishpur, Distt.-Bhagalpur

¶13

... ... Respondent/s

¶14

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

¶15

Appearance :

¶16

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Respondent/s : Mr. Vikash Kumar (SC11)

¶17

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

¶18

Date : 09-04-2019

¶19

Heard learned counsel for the petitioner and learned

¶20

counsel for the State.

¶21

The petitioner prays for provisional release of the Hyundai Eon Car bearing Registration No. JH-17E-6677, which has been seized in connection with Jagdishpur P.S. Case No. 229 of 2018 for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act.

¶22

It is stated by learned counsel for the petitioner that

¶23

Patna High Court CWJC No.5249 of 2019 dt.09-04-2019 2/4

¶24

confiscation proceeding is pending and the vehicle is lying in the police station. The seizure list reflects the seizure of 69.375 liters of IMFL.

¶25

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 District Magistrate, Bhagalpur with one (local) 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:

¶26

(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.

¶27

(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

¶28

Patna High Court CWJC No.5249 of 2019 dt.09-04-2019 3/4

¶29

alienate the vehicle during this period.

¶30

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

¶31

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

¶32

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 (local) 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 initiation and finalisation of the confiscation proceeding. The title deed papers shall remain in safe custody of the Confiscating Authority subject to final decision in the confiscation proceedings.

¶33

Patna High Court CWJC No.5249 of 2019 dt.09-04-2019 4/4

¶34

With the observations/directions above, this writ

¶35

petition is allowed.

¶36

(Jyoti Saran, J)

¶37

( Arvind Srivastava, J)

¶38

Nasimul/Manish

¶39

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	17-04-2019
Transmission Date	N/A

Chandan @ Chandan Kumar v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Chandan @ Chandan 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

Mr. Vikesh Vs The State of Bihar

Guddu Nonia Vs The State Of Bihar and Ors.

Ramsagar Ram Vs The State Of Bihar and Ors.

Yogendra Mahto Vs The State of Bihar and Ors.

Sandeep Jaiswal @ Sanjeev Jaiswal Vs The State of Bihar and Ors.

Jay prakash Kumar Vs The State of Bihar and Ors.