Om Prakash Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19215 of 2018 ====================================================== Om Prakash Gupta, son of Ekbal Shah, R/o village Pravejabad Gola Bazar, Sonepur, P.s. - Sonepur District - Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Excise Commissioner, Bihar Patna.

3.

The District Magistrate Cum Collector Sarana at Chapra. 4.

The Superintednent of Police Saran at Saran at Chapra 5.

The Deputy Superintendent of Police Saran at Chapra. 6.

The Officer-in-Charge of Sonepur Police Station at Sonepur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Respondent/s :

Mr.Kumar Manish -SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 08-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner prays for provisional release of the Mahindra Bolero Pick up van bearing Registration NoBR01GG4016, Engine No.TBH1M-44105, Chasis No.MAIZN2TBKH 1M91185, which has been seized in connection with Sonepur P.S. Case No.821 of 2018 for the offences punishable under Sections

2/4 188/120(B) of the Indian Penal Code read along with Section 30 (a) of 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 lying under the open sky in the police station. The seizure list reflects the seizure of about 739 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 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 designated Court below with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document.

3/4 (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, if any, 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 would be got prepared by the designated 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.

The release shall be allowed within a period of 14 days from the date of production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release would, however, be subject to finalisation of the confiscation proceeding, if any. The title deed

4/4 papers shall remain in safe custody of the Court below subject to final decision in the confiscation proceedings. With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19/04/2019 Transmission Date NA