Dismissed

Rajbir Singh v. The State Of Bihar

Patna HC29 Jul 2019CWJC/6430/2019

Case brief

AI extract

What is this about?

Writ petition seeking provisional release of a seized truck carrying 4783 litres of IMFL. The High Court denied the prayer due to the large quantity seized and disposed of the petition without adjudicating the merits of the underlying confiscation proceedings.

What did the court decide?

Petition dismissed; truck remains seized; petitioner allowed to raise issues in confiscation proceedings.

Rajbir Singh Vs The State Of Bihar — Banking and Recovery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6430 of 2019

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Rajbir Singh S/o Late Jasbir Singh, R/o Village- Manawala, P.S.- Lopoke, District- Amritsar- Punjab.

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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, Gopalganj.

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The Superintendent of Police, Gopalganj.

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The S.H.O. Kuchaikot, Gopalganj.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shiv Sager Sharma For the Respondent/s : Mr.Anil Kumar Sinha ( Ga1 )

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN

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and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 29-07-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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The petitioner prays for provisional release of the Truck bearing registration No. PB02BK9657, Engine No. PAH637728, Chassis No. MBIKADY4AANB5207, which has been seized in connection with Kuchaikot P.S. Case No. 24 of 2018 for the offences punishable under section 420 of the Indian Penal Code and Sections 30(a), (b), (c), 38 and 48(i)(ii)of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.6430 of 2019 dt.29-07-2019 2/2

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Having heard learned counsel for the parties and considering the quantum of seizure from the vehicle in question, which is 4783 litres IMFL, we are not persuaded to grant indulgence to the prayer made bearing note of similar rejection in other writ petitions on similar claim exceeding 3000 litres.

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However, the petitioner would be at liberty to raise all the issues in the confiscation proceedings.

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With the observations above, the writ petition is disposed of.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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sushma/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	8.8.19
Transmission Date	NA

Rajbir Singh v. The State Of Bihar

Case brief

What is this about?

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Rajbir Singh v. The State Of Bihar

Case brief

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