Dhiraj Kumar v. The State Of Bihar Through The Principal Secretary, Excise Deptt., Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1992 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR ===========================================================

1. Dhiraj Kumar son of Rameshwar Singh resident of Village- Balu Kishun, P.S.- Maniyri, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Excise Deptt., Patna.

2. The State of Bihar through the D.M., Muzaffarpur.

3. The Senior Superintendent of Police, Muzaffarpur.

4. The Senior Deputy Collector, The District Legal Section, Muzaffarpur.

5. The O/C, Maniyari P.S., Muzaffarpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Dr. Alok Kumar Alok, Advocate Mr. Santosh Kumar, Advocate For the Respondent/s : Mr. Deepak Kumar, AC to SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 22-11-2017 Heard learned counsel for the petitioner and the State.

2. Commercial quantity of foreign liquor was recovered from the Alto Car of the petitioner bearing registration No.BR-06BE-0447 and Maniyari P.S. Case No.138 of 2017 was registered under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Subsequently, Confiscation Case No.141 of 2016-17 was initiated for confiscation of the aforesaid vehicle.

3. The present writ application has been filed challenging the confiscation order on the ground that pre-trial confiscation is bad-in-law and the aforesaid issue is under consideration before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Hence, till adjudication of the

Patna High Court Cr. WJC No.1992 of 2017 dt.22-11-2017 P2/2 aforesaid issue the operation of the confiscation proceeding be stayed and interim release of the vehicle be ordered as no purpose is going to be served by its continued detention in police lockup.

4. After hearing the parties and finding substance in the submission aforesaid regarding pendency of the issue before a larger Bench as to whether the executive authority can confiscate the seized vehicle before proof of guilt, the operation of the impugned order is stayed till adjudication of the aforesaid issue in the L.P.A. aforesaid and shall be subject to the result of the L.P.A. aforesaid.

5. Since commercial quantity of liquor was recovered from the vehicle of the petitioner, let the same be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.3,00,000/- (Three Lacs) to the satisfaction of the learned Court-below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as and when required by the Court.

6. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date25.11.2017 Transmission Date 25.11.2017