Allowed

Deepak Singh @ Deepak v. The State of Bihar

Patna HC8 Jul 2019CWJC/8173/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a vehicle seized for possession of country-made liquor. Court directed release subject to ownership proof, surety, bank guarantee, and specific affidavits, leaving final decision pending confiscation proceedings.

What did the court decide?

Provisional release of the vehicle towards regular judicial proceedings with security and undertaking.

Deepak Singh @ Deepak Vs The State of Bihar — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8173 of 2019

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Deepak Singh @ Deepak, aged about 52 years, Male, Son of late Rajendra Singh Resident of Village- Dumrikalan, P.S. Hunterganj, District- Chatra (Jharkhand), At Present residing at Mohalla Gara Road, P.S.Buniyadganj, District- Gaya.

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... ... Petitioner

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Versus

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The State of Bihar through Collector, Gaya.

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The Excise Commissioner, Patna Bihar.

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The Excise Superintendent, Gaya.

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The Superintendent of Police, Gaya.

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The Officer Incharge, Barachatti Police Station, District- Gaya.

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... ... Respondents

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Appearance :

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For the Petitioner/s : Mr.Kiran Sinha For the Respondent/s : Mr.Kumar Manish (Sc5)

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

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

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Date : 08-07-2019

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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 Scorpio bearing registration No. BR02X-9695, Engine No. GME4E81826, Chasis No. MA1TH2GMK5F95701, which has been seized in connection with Barachatti P.S. Case No. 745/2017 for the offences punishable under sections 30(a), 38, 47 of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.8173 of 2019 dt.08-07-2019 2/4

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It is stated by learned counsel for the petitioner that 450 litres of Country made liquor has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 450 litres of Country made 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 papers with respect to vehicle in question before the designated court below with one local surety alongwith 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

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Patna High Court CWJC No.8173 of 2019 dt.08-07-2019 3/4

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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 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 (local) alongwith the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, 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

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Patna High Court CWJC No.8173 of 2019 dt.08-07-2019 4/4

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court below subject to final decision in the confiscation proceedings.

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With the observations above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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Surendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	24.07.2019
Transmission Date	NA

Deepak Singh @ Deepak v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Singh @ Deepak v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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