Sibtain Mustafa v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1897 of 2019 ====================================================== Sibtain Mustafa S/o Abbas Ali R/o 49, Magahar Khalilabad, Sant Kabir Nagar, A/p Takiya Kawaldah, Gorakhnath, Distt.- Gorakhpur, U.P. ... ... Petitioner
Versus
1. The State Of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna
2. The District Magistrate Begusarai
3. The Superintendent of Police Begusarai
4. The Station House Officer of Khodabandpur Police Station Distt.-Begusarai ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Kashyap, Adv.
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 : 01-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Bolero vehicle bearing registration No. UP53AP-5111, Engine No. A5A61819, which has been seized in connection with Khodawandpur P.S. Case No. 01/2018 for the offences punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner that 104 litres of foreign liquor has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 104 litres of foreign liquor.
Patna High Court CWJC No.1897 of 2019 dt.01-02-2019 2/3 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 papers with respect to vehicle in question before the court below with one local surety alongwith 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. The petitioner while submitting the surety and the Bank Guarantee or the original title deed, as the case may be, 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 further.
(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 would be prepared by the 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
Patna High Court CWJC No.1897 of 2019 dt.01-02-2019 3/3 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 (local) alongwith the Bank Guarantee to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This would, however, be subject to the final order passed in the confiscation proceeding.
With the observations above, this writ petition is allowed. (Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2019 Transmission Date NA