Pankaj Kumar Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1828 of 2019 ====================================================== Pankaj Kumar Gupta (M), aged about 23 years, Son of Rambabu Sah Resident of Jamalabad, P.S. Ahiyapur, Distt. Muzaffarpur. ... ... Petitioner
Versus
1. The State Of Bihar through Secretary of Excise Department, Bihar at Patna
2. The Collector-Cum-District Magistrate, Muzaffarpur
3. The Superintendent of Police, Muzaffarpur
4. The Siwaipatti, P.S. District Muzaffarpur ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Adv.
For the Respondent/s :
Mr. Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Bolero bearing registration No. BR-06PA-8314, which has been seized in connection with Siwaipatti P.S. Case No. 64/2018 for the offences punishable under sections 272, 273, 120(B) of the Indian Penal Code and 30(a), 38, 41, 48 of the Bihar Prohibition and Excise Act, 2016. It is stated by learned counsel for the petitioner that 214.56 litres of Indian made foreign 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 214.56 litres of Indian made foreign liquor.
Patna High Court CWJC No.1828 of 2019 dt.01-02-2019 2/3 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 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: (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 further.
(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 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
Patna High Court CWJC No.1828 of 2019 dt.01-02-2019 3/3 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 (local) alongwith the Bank Guarantee to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This would, however, be subject to the final order passed in the confiscation proceeding.
With the observations above, this writ petition is allowed. (Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2019 Transmission Date NA