Allowed

Prabeen Kumar @ Munna Singh v. The State of Bihar and Ors.

Patna HC12 Apr 2019CWJC/5478/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of a seized vehicle. Directing release upon production of ownership documents and security, the court conditioned this on the interest of justice pending potential confiscation proceedings.

What did the court decide?

Vehicle to be released provisionally on production of ownership, registration, surety, bank guarantee/title deed, and specified undertakings within 14 days, subject to initiation of confiscation proce

Prabeen Kumar @ Munna Singh Vs The State of Bihar and Ors. — Motor Accident Claims | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5478 of 2019

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Prabeen Kumar @ Munna Singh (Male- 36 years), S/o Hare Ram Singh, R/o Village- Naokothi, P.S.- Naokothi, District- Begusarai.

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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 Excise, Patna, Bihar.

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The District Magistrate, Begusarai

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The Superintendent of Excise Department, Begusarai.

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The Officer in Charge- Naokothi Police Station, Begusarai.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Respondent/s : Mr. Kumar Manish (SC5) ======================================================

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

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The petitioner prays for provisional release of the Mahindra Bolero Pick Up Van bearing Registration No. BR09GA- 5212, Engine No. TBJ1D45181, Chasis No. MA1ZU2TBKJ1D35608, which has been seized in connection with Naokothi P.S. Case No. 07 of 2019 for the offences punishable under Sections 379, 411, 413, 414, 467, 468, 420, 120(B) of the Indian Penal Code read along with side Section 30

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Patna High Court CWJC No.5478 of 2019 dt.12-04-2019 2/4

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(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 311.940 liters of country 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 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.5478 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, if any, 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 would, however, be subject to initiation and finalization of the confiscation

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Patna High Court CWJC No.5478 of 2019 dt.12-04-2019 4/4

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proceeding. The title deed papers shall remain in safe custody of the designated 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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Nasimul/Shailendra

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