Patna High Court granted provisional release of a tempo vehicle seized for alleged offences under IPC and Bihar Prohibition and Excise Act subject to ownership proof and security.
Provisional release of the Tempo vehicle secured by ownership papers, surety, Bank Guarantee, and specific undertakings including production of the vehicle.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9476 of 2019
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Sunil Yadav @ Sunil Kumar Yadav S/o Visho Yadav @ Visheshwar Yadav Vill.- Adhwari, P.o.- Teoth, P.s.- Benipatti, Distt.- Madhubani
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Respondent/s : Mr.Kumar Manish (Sc5)
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 16-07-2019
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Tempo bearing registration No. BR32PA1162, Engine No. BBZWGL04257, Chasis No. MD2A41AZ4GWL05580, which has been seized in connection with Khirhar P.S. Case No. 53 of 2018 for the offences punishable under sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying
Patna High Court CWJC No.9476 of 2019 dt.16-07-2019 2/3
under the open sky in the police station. The seizure list supports the seizure of the vehicle and 159 litres of Nepali wine.
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 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:
(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.
(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.
(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.
(iv) Prior to release of the vehicle, a Panchanama would be prepared by the court below wherein the photograph of the vehicle shall
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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.
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 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 court below subject to final decision in the confiscation proceedings.
With the observations above, this writ petition is allowed.
(Jyoti Saran, J)
( Partha Sarthy, J)
sushma/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 02.08.2019 |
| Transmission Date | NA |
1 issue framed by the court
Whether the seizure of a vehicle used in alleged smuggling offences warrants its provisional release.
2 provisions across 2 enactments
Sunil Yadav
State of Bihar
District Magistrate Madhubani
Superintendent of Police Madhubani
S.H.O. Khirhar Police Station, Madhubani
Jyoti Saran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
