Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1384 of 2019 ====================================================== Ashok Kumar Singh Baban Singh Resident of Village- Birbal Tola, Police Station- Sikarhatta, District- Bhojpur.

... ... Petitioner/s

Versus

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

2. The District Magistrate-cum- Collector, Bhojpur.

3. The Senior Superintendent of Police, Bhojpur.

4. The Superintendent of Police, Excise, Bhojpur.

5. The Officer-in- Charge, Sikarhatta Police Station, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 23-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed seeking provisional release of the vehicle (Pick up Van) bearing Registration No. BR03GA-4533 Engine No. TBH1J82097 Chesis No. MA1ZN2TBKH1J67714 seized in connection with Sikarhatta P.S. Case No. 62 of 2018 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. It has been stated that from the vehicle in question 280 liters illicit toddy have been recovered. It is submitted that confiscation proceeding for the vehicle in question is pending.

Learned counsel for the petitioner submits that the vehicle is lying under open sky under the Police Station and if it is allowed to remain there for any longer time, the whole vehicle will become a

Patna High Court CWJC No.1384 of 2019 dt.23-01-2019 2/3 junk and if release is not allowed, the State is not going to gain anyway in confiscation proceeding. Learned counsel submits that the petitioner is willing to provide such surety and undertakings which may be required to protect the interest of the State during the pendency of the confiscation.

Learned counsel for the State is present and submits that in the given facts and circumstances of this case if at all the Court is willing to consider provisional release of the vehicle then interest of the State is required to be protected.

In the given facts and circumstances where confiscation proceeding is presently pending, let the vehicle in question be released provisionally in favour of the petitioner on the petitioner's producing the document of ownership and registration in his name before the District Magistrate, Bhojpur (Confiscating Authority) with one surety along with a Bank Guarantee to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety 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

Patna High Court CWJC No.1384 of 2019 dt.23-01-2019 3/3 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 Panchnama would be prepared by the confiscating authority 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 undertake 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 submission of the sureties bond and the undertakings as stated above. This would, however, be subject to initiation and finalization of the confiscation proceeding if any. The writ petition is allowed.

(Jyoti Saran, J) Bibhash ( Nilu Agrawal, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 05.02.2019 Transmission Date NA