Patna High CourtCR. WJC/472/2017disposed

Chandan Kumar v. The State Of Bihar Through The District Magistrate / Collector, Sitamarhi And ORS

2017-05-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.472 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SITAMARHI =========================================================== Chandan Kumar, Son of Rambabu Pradhan, Resident of Village- Kanhauli, P.S.- Kanhauli, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate / Collector, Sitamarhi.

2. The Superintendent of Police, Sitamarhi.

3. The Excise- Superintendent, Sitamarhi.

4. The S.H.O. Excise P.S. Sitamarhi.

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 04-05-2017 Heard the parties.

2. The petitioner is owner of Hyundai Ion Car bearing Reg.No.BR-0-6AV-5817. The said vehicle was seized in connection with Excise Case No.C-2/355/16. Allegation is that the same was carrying Nepali liquor. A confiscation case bearing Confiscation Case No.143 of 2016 is already going on before the Collector, Sitamarhi.

3. Submission of the petitioner is that the question of law as to whether an executive authority has power to exercise judicial function of confiscation and auction of the vehicle is under consideration before a Larger Bench of this Court in LPA No.1647 of 2015 and considering the aforesaid pendency in CWJC No.1791 of

Patna High Court Cr. WJC No.472 of 2017 dt.04-05-2017 2017 a Division Bench of this Court has ordered for release of the seized vehicle in favour of petitioner of that case.

4. Considering the aforesaid facts, let the aforesaid Hyundai Ion Car be released in favour of the petitioner after verification of the ownership of the vehicle of the petitioner by way of ad-interim custody on execution of surety bond of Rs.7,00,000/- (seven lacs) along with two sureties of the like amount with condition that the petitioner shall not dispose of the said vehicle and shall produce as and when required by this Court. This order shall be subject to result of the LPA aforesaid.

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

Arvind/- (Birendra Kumar, J) AFR/NAFR CAV DATE Uploading Date 11.05.2017 Transmission Date 11.05.2017