Allowed

Narayan Kumar v. The State of Bihar

Patna HC15 Jul 2019CWJC/9032/2019

Case brief

AI extract

What is this about?

The High Court granted provisional release of a passenger car seized in an excise case pending confiscation. The court directed the petitioner to provide a bank guarantee, surety, or title deed as security and furnish specific undertakings for the vehicle's production and non-encumbrance.

What did the court decide?

Provisional release of the seized vehicle subject to furnishing a bank guarantee, surety, or title deed, and providing undertakings for non-encumbrance and production.

Narayan Kumar 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.9032 of 2019

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Narayan Kumar Son of Ashwani Sharma, Resident of Village- Charh, P.S. and District- Jehanabad. ... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

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The District Magistrate, Gaya.

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The Superintendent Excise, Gaya.

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The Inspector Excise, Gaya.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Lakshmi Kant Sharma, Advocate For the Respondent/s : Mr.Vikash Kumar ( Sc11 )

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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 : 15-07-2019

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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 vehicle passenger Car bearing Registration No. UP16AA2110, Chassis No. MCA11071A09016083CNZ, Engine No. 7054074 which has been seized in connection with Excise Case No. 408 of 2018 for the offences punishable under sections 30(Ka) and 56(Kha)of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 90 litres of IMFL

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Having heard learned counsel for the parties and

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Patna High Court CWJC No.9032 of 2019 dt.15-07-2019 2/3

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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 District Magistrate, Gaya 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 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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Patna High Court CWJC No.9032 of 2019 dt.15-07-2019 3/3

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(iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate, Gaya 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 one surety along with a Bank Guarantee or the original title deed of immovable property situated in the district, as the case may be, to the extent of the value of the vehicle as indicated in the insurance document 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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The writ petition is allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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Prakash/-

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AFR/NAFR	NAFR
CAV DATE	Na
Uploading Date	25.07.2019
Transmission Date	NA

Narayan Kumar v. The State of Bihar

Case brief

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Narayan Kumar v. The State of Bihar

Case brief

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