Shankar Gupta @ Shankar Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3352 of 2019 ====================================================== Shankar Gupta @ Shankar Kumar Gupta, Male, aged about 32 years, S/oVijay Kumar, R/o- Village- Chaugaon, P.s.- Sirdala, Dist- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Dept. Bihar, Patna 2.

District Magistrate, Nawada 3.

S.I. Dharmendra Prasad, Officer Incharge Narhat,P.s. Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gauri Shankar Prasad, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 28-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.

The petitioner prays for provisional release of the Activa 3 G Scooty bearing Registration No. JH 02 A6/3298, which has been seized in connection with Narhat P.S. Case No. 181 of 2016 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The

Patna High Court CWJC No.3352 of 2019 dt.28-02-2019 2/3 seizure list reflects the seizure of 1.8 liters of IMFL. 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 pending, 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 Collectorcum-District Magistrate, Nawada with two sureties (one local) 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 future:

(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

Patna High Court CWJC No.3352 of 2019 dt.28-02-2019 3/3 would be got prepared by the Collector-cum-District Magistrate, Nawada 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. 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 release would, however, be subject to finalization of the confiscation proceeding. With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) shailendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.03.2019 Transmission Date N/A