Soran Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2492 of 2019 ====================================================== Soran Singh, aged about 24 years (M) S/o. Arjun Singh, at Nagar Nigam Laldiggi Store, P.S.- Civil Line, Teh- Koil, Aligarh, Uttar Pradesh. ... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna
2. The District Magistrate, Saran
3. The Superintendent of Police, Saran
4. The S.H.O. Marhowrah Police Station, Saran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Respondent/s :
Mr. Vivek Prasad (GP 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 14-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner prays for provisional release of the Truck bearing Registration No. UP81AF 1560, Engine No. 497TC92KZY858401, Chasis No. MAT457054A7N41193, which has been seized in connection with Marhowrah P.S. Case No. 487 of 2018 for the offences punishable under Sections 188,
2/4 120 (b)/34 of the Indian Penal Code read along with side Section 30/38/41 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 lying under the open sky in the police station. The seizure list reflects the seizure of 789 liters of I.M.F.L.
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 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 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 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 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) 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
4/4 subject to initiation and finalisation of the confiscation proceeding, if any. The title deed 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) Shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2019 Transmission Date NA