The High Court directed the provisional release of a seized motorcycle alleged to be involved in excise offences under charges of Section 30(a) of the Bihar Prohibition and Excise Act, pending the initiation of confiscation proceedings.
Provisional release of the seized motorcycle upon production of ownership documents with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5357 of 2019
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Jhorik Prasad, Male, aged about 49 years, S/o Ramashish Prasad, R/o VillageKashipur,P.S. Dhanarua,Dist.Patna
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad, 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)
Date : 10-04-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.
The petitioner prays for provisional release of the Motorcycle bearing Registration No. BR-01DU -7738 (Bajaj C.T. 100 ES), Chasis No. Md2B37AY4JPC 36198, Engine No. PEYPJC 80428, which has been seized in connection with Chiksaura P.S. Case No. 139 of 2018 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
It is stated by learned counsel for the petitioner that
Patna High Court CWJC No.5357 of 2019 dt.10-04-2019 2/3
confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 10 liters of country liquor.
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 yet to be initiated, 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 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:
(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.
(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.
(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and
Patna High Court CWJC No.5357 of 2019 dt.10-04-2019 3/3
when required.
(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.
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.
With the observations/directions above, this writ petition is allowed.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Nasimul/Shailendra
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 17-04-2019 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the seized motorcycle should be released provisionally before the initiation of confiscation proceedings.
Jhorik Prasad
The State of Bihar through Principal Secretary, Excise Department, Govt. of Bihar
The District Magistrate, Nalanda
The Superintendent of Police, Nalanda
The District Supply Officer, Excise, Nalanda
The S.H.O. Chiksaura P.S.
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
