Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1418 of 2022 ====================================================== Rinku Devi Wife of Satyendr Yadav Resident of Village- Baliwan Raimal, Baliwan Sagar, P.S.- Vishambharpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Gopalganj 3.

The Superintendent of Police, Gopalganj 4.

The S.H.O. Vishambharpur, District Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Kuamr, Advocate For the Respondent/s :

Mr.Vikash Kumar (Sc 11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 22-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

2/4 Allegation is recovery of 18 liter of illicit liquor from the seized pulsar motorcycle (Engine No.DHXRLJ 61708, Chassis No.MB2B64BXXLRJ01551) of co-accused and not from the motorcycle of the petitioner.

Petitioner claims to be the owner of seized vehicle bearing Registration No.BR28W-2931, Engine No. HA11ENK4G12222 and Chassis No.MBLHAW035K4C06082, on which it is alleged that two persons were sitting and acting as liner. Nothing has been recovered from the motorcycle of the petitioner.

In the facts and circumstances of the case, the District Magistrate/Confiscating Officer concerned is directed to

3/4 provisionally release the vehicle of petitioner after due identification of ownership of the vehicle seized by the police in excise case on production of ownership and registration papers with respect to vehicle in question in his name 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 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. (ii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iii)Prior to release of the vehicle, a Panchanama would be prepared wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and 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.

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, which would however be subject to finalization of the confiscation proceeding.

With aforesaid observation and direction, this writ

4/4 petition is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.04.2022 Transmission Date NA