Shashi Kant Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20171 of 2018 ====================================================== Shashi Kant Tiwari, S/o Late Dadan Tiwari, resident of Village- Barka Nainijor, P.S.- Barka Nainijor, District- Buxar (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna. 2.

Principal Secretary, Registration Excise and Prohibition Department, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Bhojpur, District- Bhojpur, Ara. 4.

The Superintendent of Excise, Bhojpur, District- Bhojpur, Ara. 5.

The Superintendent of Police, Bhojpur, District- Bhojpur, Ara. 6.

The Officer-in-Charge, Shahpur Karnamepur Police Station, District Bhojpur, Ara.

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

For the Petitioner/s :

Mr. Amarendra Kumar, Advocate 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 : 15-04-2019 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 Chasis No. MD2B37AY2HRG56850, Engine No. PFYRHG44787, which has been seized in connection with Shahpur Karnamepur P.S. Case No. 102 of 2018 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 yet to be initiated and the vehicle is

Patna High Court CWJC No.20171 of 2018 dt.15-04-2019 2/3 lying under the open sky in the police station. The seizure list reflects the seizure of 12.300 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 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 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, 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

Patna High Court CWJC No.20171 of 2018 dt.15-04-2019 3/3 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 submission of the sureties and the undertakings as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding. With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Nasimul/Shailendra AFR/NAFR NAFR CAV DATE N/A Uploading Date 24-04-2019 Transmission Date N/A