Sharma Baitha v. The Principal Secretary, Department Of Excise,Thhe State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1489 of 2019 ====================================================== Sharma Baitha, aged about 32 years Madan Baitha R/o-Khotahava, P.O. Taulaha, P,S- dhanaha,dist- West Champaran(male) ... ... Petitioner/s

Versus

1. The Principal Secretary, Department of Excise,Thhe State Of Bihar and Ors Patna

2. The Principal Secretary, Department of excise. Government of Bihar, Patna.

3. The District Magistrate West Champaran.

4. The Superintendent of Police Bagaha, West Champaran

5. The District Transport Officer West Champaran

6. The Excise Officer Bagha Anchal, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Respondent/s :

Mr.Kumar Manish, SC5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 28-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Motorcycle bearing Registration No. BR-22W-5021, Chasis No. MBLHA11ATF9K30553 Engine No. HA11EJF9K00448, which has been seized in connection with Excise Case No. 318 of 2018 for the offences punishable under 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

Patna High Court CWJC No.1489 of 2019 dt.28-01-2019 2/3 lying under the open sky in the police station. The seizure list reflects the seizure of 8 litres of Desi 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 with respect to vehicle in question in his name before the court below with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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.

Patna High Court CWJC No.1489 of 2019 dt.28-01-2019 3/3 (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 secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

Subject to the above conditions, following the views expressed by the Hon'ble Division Bench of this Court and in tune with that, we dispose of this application. The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This would, however, be subject to initiation and finalization of the confiscation proceeding if any.

With the observations, this writ petition is allowed. (Jyoti Saran, J) ( Arvind Srivastava, J) Bibhash/- AFR/NAFR CAV DATE NA Uploading Date 31.01.2019 Transmission Date NA