Allowed

Anita Devi v. The State of Bihar

Patna HC12 Apr 2019CWJC/5443/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of a motorcycle seized in connection with an offence under the Bihar Prohibition and Excise Act. It directed release upon production of ownership papers, a surety, a bank guarantee or title deed subject to confiscation proceedings.

What did the court decide?

Provisional release of the motorcycle (BR06GC6906) ordered subject to production of ownership, security, and specific undertakings.

Anita Devi Vs The State of Bihar — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5443 of 2019

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Anita Devi Wife of Sanjay Kumar aged about 28 years, (Female), Residing of Village Chakjamal, P.S. Minapur, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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

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District Magistrate, Begusarai.

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Excise Superintendent, Begusarai.

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Superintendent of Police, Begusarai.

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S.H.O. Lakho (Out Post) District- Begusarai.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Vivek Prasad (GP7)

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

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Date : 12-04-2019

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Leave is granted to the learned counsel for the petitioner to make necessary correction in paragraph no.1 of the writ petition during the course of the day.

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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 motorcycle bearing Registration No. BR06GC6906, Engine No. TBH1G75914, Chassis No. MA1ZR2TBKH1H61059, which has been seized in connection with Muffasil P.S. Case No. 283

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Patna High Court CWJC No.5443 of 2019 dt.12-04-2019 2/4

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of 2018 for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that 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 952.5 liters of IMFL.

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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 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 designated Court below 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 future.

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Patna High Court CWJC No.5443 of 2019 dt.12-04-2019 3/4

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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 produce the vehicle before the confiscating authority as and when required.

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(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.

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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 of the vehicle would, however, be subject to initiation and finalisation of the confiscation proceeding. The title deed papers shall remain in

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Patna High Court CWJC No.5443 of 2019 dt.12-04-2019 4/4

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safe custody of the Court below subject to final decision in the confiscation proceedings.

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With the observations/directions above, this writ

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petition is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Shailendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	22.04.2019
Transmission Date	NA

Anita Devi v. The State of Bihar

Case brief

What is this about?

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Anita Devi v. The State of Bihar

Case brief

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