Gufran Ali v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna And O
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1048 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ =========================================================== Gufran Ali son of Isararul Haque .... .... Petitioner/s
Versus
The State of Bihar Through Principal Secretary, Excise Department, Government of Bihar, Patna & Ors .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 26-07-2017 Heard learned counsel for the petitioner and the State. The XUV vehicle of this petitioner, bearing registration No.BR28L-8494, was seized in connection with Thawe P.S. Case No.8 of 2017, under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. By the impugned order dated 25.04.2017, passed in Confiscation (Excise) Case No.58 of 2017, the District Magistrate, Gopalganj, has directed for confiscation of the referred vehilce.
Submission of the petitioner is that the issue as to whether the Collector has authority to confiscate and auction the vehicle, which is a judicial function, is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors and considering the pendency of the aforesaid LPA in other matters different Division Benches of this Court have ordered for interim release of the vehicle in favour of the owner.
Patna High Court Cr. WJC No.1048 of 2017 dt.26-07-2017 2/2 Learned counsel for the respondent has no objection in interim release of the vehicle in favour of the petitioner. However, his submission is that release would be subject to the result of the L.P.A. and the pending confiscation proceeding. Considering the facts and circumstances above, let the aforesaid vehicle be released in favour of the petitioner after verification of the ownership of the vehicle of the petitioner by way of ad-interim custody on execution of surety bond of Rs.12,00,000/- (Twelve Lacs) not in the form of cash/Bank Guarantee along with two sureties of the like amount with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as and when required by the Court. Further proceeding of Confiscation (Excise) Case No.58 of 2017, arising out of Thawe P.S. Case No.8 of 2017, pending before the Collector, Gopalganj, shall remain stayed till disposal of the L.P.A aforesaid and shall be subject to the result of the L.P.A. aforesaid.
With the aforesaid observation, this writ application stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE Uploading Date 27.07.2017 Transmission Date 27.07.2017