Allowed

Krishna Pal v. The State of Bihar and Ors.

Patna HC18 Apr 2019CWJC/5604/2019

Case brief

AI extract

What is this about?

The High Court directed the provisional release of a vehicle seized in connection with offences under the Bihar Prohibition and Excise Act, subject to production of ownership documents, a surety, and a bank guarantee or title deed.

What did the court decide?

Provisional release of the vehicle bearing Registration No. BR 03 PA 6071 subject to production of ownership, registration, surety, bank guarantee or title deed, and specific undertakings.

Krishna Pal Vs The State of Bihar and Ors. — Patna HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5604 of 2019

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Krishna Pal, aged about 30 years, Male, S/o Jitendra Pal, Resident of VillPlania, P.S.-Udwantnagar, Dist.-Bhojpur

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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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The Commissioner, Patna Division, Patna

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The Collector, Bhojpur at Ara, Dist. Bhojpur

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The S.H.O. of Ara Town Police Station at Ara, Dist Bhojpur

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajani Ranjan Pd. Singh, Advocate For the Respondent/s : Mr.Kumar Manish, SC 5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN

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

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Date : 18-04-2019

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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 Tempoo bearing Registration No. BR 03 PA 6071, which has been seized in connection with Ara Town P.S. Case No. 491 of 2018 for the offences punishable under Sections 30, 36 of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying

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Patna High Court CWJC No.5604 of 2019 dt.18-04-2019 2/4

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under the open sky in the police station. The seizure list reflects the seizure of 80 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 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 Collector, Bhojpur at Ara 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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(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

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Patna High Court CWJC No.5604 of 2019 dt.18-04-2019 3/4

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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 Collector, Bhojpur at Ara, 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 finalization 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.

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Patna High Court CWJC No.5604 of 2019 dt.18-04-2019 4/4

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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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( Anjani Kumar Sharan, J)

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Nasimul/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	24-04-2019
Transmission Date	N/A

Krishna Pal v. The State of Bihar and Ors.

Case brief

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Krishna Pal v. The State of Bihar and Ors.

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