Allowed

Vinay Kumar Modi @ Binay Kumar Modi v. The State of Bihar and Ors.

Patna HC18 Apr 2019CWJC/5654/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a seized Scorpio vehicle involved in an IMFL seizure case under the Bihar Prohibition and Excise Act, as confiscation proceedings were not initiated. The High Court directed provisional release upon production of ownership documents, surety, and bank guarantee or title deed, subject to future confiscation proceedings.

What did the court decide?

Provisional release of the seized Scorpio vehicle upon production of ownership documents, one local surety, and a bank guarantee or original title deed of immovable property.

Vinay Kumar Modi @ Binay Kumar Modi Vs The… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5654 of 2019

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Vinay Kumar Modi @ Binay Kumar Modi, aged about 30 years, Gender, Male, Son of Krishna Kumar Modi, Resident of Village + P.O.-Arkhango, P.S. Dhanwar, District-Giridih (Jharkhand)

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Nalanda

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The Superintendent of Police, Nalanda

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The S.H.O., Bihar Police Station, Nalanda

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Hansraj, Advocate For the Respondent/s : Mr.Vivek Prasad (GP 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

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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 Scorpio bearing Registration No. JH-01AN-5200, Chasis No. MA1TA2GNKB2G10550, Engine No. GNB4G15423, which has been seized in connection with Bihar P.S. Case No. 496 of 2018 for the offences punishable under Sections 30/ 30 (a) of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that

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Patna High Court CWJC No.5654 of 2019 dt.18-04-2019 2/4

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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 112 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 (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:

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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

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Patna High Court CWJC No.5654 of 2019 dt.18-04-2019 3/4

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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 (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 finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the designated Court below subject to final

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Patna High Court CWJC No.5654 of 2019 dt.18-04-2019 4/4

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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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( 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

Vinay Kumar Modi @ Binay Kumar Modi v. The State of Bihar and Ors.

Case brief

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Vinay Kumar Modi @ Binay Kumar Modi v. The State of Bihar and Ors.

Case brief

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