Allowed

Mohammad Ali Ebran v. The State of Bihar

Patna HC22 Jul 2019CWJC/8559/2019

Case brief

AI extract

What is this about?

The Patna High Court directed the provisional release of a petitioner's Bolero Van seized in connection with liquor offences. The vehicle was held at the police station pending confiscation proceedings. The court mandated the return of the vehicle upon production of ownership documents and furnishing of two sureties along with specific undertakings.

What did the court decide?

Provisional release of the seized vehicle upon production of ownership documents and submission of two sureties and specific undertakings.

Mohammad Ali Ebran Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8559 of 2019

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Mohammad Ali Ebran Son of Mohammad Hasim Resident of Village 23 Tole Mathurapur, Sukapur, Police Station- Samastipur, District- Samastipur.

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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, Government of Bihar, Patna.

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The Excise Commissioner, Government of Bihar, Patna.

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The District Magistrate, Samastipur.

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The Superintendent of Police, Samastipur.

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The Excise Superintendent, Samastipur.

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The Station House Officer, Warisnagar Police Station, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijay Bhushan Prasad For the Respondent/s : Mr.(Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 22-07-2019

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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 is owner of Bolero Van and prays for provisional release of his vehicle bearing registration No. BR33GA6786 which has been seized in connection with Warisnagar P.S. Case No. 310 of 2018 for the offences punishable under sections 272, 273 and 290 of the Indian Penal Code and Sections 30(a), 37(a), 37(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.8559 of 2019 dt.22-07-2019 2/3

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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 supports the seizure of the vehicle and 180 ml. 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 two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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 alienate the vehicle during this period.

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Patna High Court CWJC No.8559 of 2019 dt.22-07-2019 3/3

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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 submission of the sureties and the undertakings as stated above, which would however be subject to initiation and finalization of the confiscation proceeding, if any.

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With the observations above, this writ petition is allowed.

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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	3.8.19
Transmission Date	NA

Mohammad Ali Ebran v. The State of Bihar

Case brief

What is this about?

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Mohammad Ali Ebran v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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