Allowed

Teklal Nayak v. The State of Bihar

Patna HC22 Jul 2019CWJC/9688/2019

Case brief

AI extract

What is this about?

This writ petition sought provisional release of a vehicle seized in an excise case. The High Court directed the release of the vehicle upon production of ownership documents, a surety, bank guarantee, or title deed, subject to specific undertakings and a subsequent Panchanama.

What did the court decide?

Provisional release of seized vehicle upon production of ownership documents, surety, bank guarantee or title deed, and furnishing of specific undertakings within 14 days.

Teklal Nayak Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9688 of 2019

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Teklal Nayak aged about 45 years (Male), Son of Radha Nayak, Resident of Village-Atkadih, P.O.-Atkadih, P.S. and District-Giridih (Jharkhand).

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... ... Petitioner/s

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Versus

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

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The Collector-cum-District Magistrate, Gaya.

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The Superintendent of Police, Gaya.

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The Superintendent of Excise, Gaya.

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The Sub Inspector, Excise, Sherghati cum-Imamganj Anchal, Gaya.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv. For the Respondent/s : Mr.Vivek Prasad, GP-7. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

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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 prays for provisional release of the Pick up (Bolero) bearing registration No. JH11L-1154, Chassis No. MA1ZP2TAKD2L75447, Engine No. TAD4L61456 which has been seized in connection with Excise case No. 476/2018 for the offences punishable under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 358.500 litres of IMFL has been seized; the confiscation

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Patna High Court CWJC No.9688 of 2019 dt.22-07-2019 2/4

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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 358.500 litres 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 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 pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

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Patna High Court CWJC No.9688 of 2019 dt.22-07-2019 3/4

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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 court below subject to final decision in the confiscation proceedings.

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Patna High Court CWJC No.9688 of 2019 dt.22-07-2019 4/4

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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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Anjula/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	03-08-2019
Transmission Date	NA

Teklal Nayak v. The State of Bihar

Case brief

What is this about?

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Teklal Nayak v. The State of Bihar

Case brief

What is this about?

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