Mahendar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2368 of 2019 ====================================================== Mahendar Paswan, Gender - Male, Age about 69 years, S/o-Vulay Paswan @ Gulay Paswan, resident of Ward. No. 13, Lalpur Bhimnagar, P.S- Birpur, District- Supaul ... ... Petitioner

Versus

1. The State of Bihar through principal Secretary, registration, Excise and prohibition Department, Government of Bihar, Patna

2. The Distict Magistrate/ Collector Supaul

3. The Senior Superintendent of police, Supaul

4. The Superintendent of police, Supaul

5. The Station House Officer, Karjain Police Station, Dist.- Supaul ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Goutam, Adv.

For the Respondent/s :

Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 08-02-2019 Leave is granted to the petitioner to delete 2nd paragraph of page-1 of the synopsis during the course of the day. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Black Colored Bajaj 3 Wheeler Auto Rikshaw (Tempo) bearing registration No. BR-38P-0168, Engine No. BBZWEH27640, Chasis No. MD2A41AZ4EWH22388, which has been seized in connection with Karjain P.S. Case No. 07/18 for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is stated by learned counsel for the petitioner that 261 litres of Nepali liquor has been seized; the confiscation proceeding is pending

Patna High Court CWJC No.2368 of 2019 dt.08-02-2019 2/3 and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the tempo and 261 litres of Nepali liquor.

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 pending, 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 District Magistrate cum Collector, Supaul 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.

Patna High Court CWJC No.2368 of 2019 dt.08-02-2019 3/3 (iv) Prior to release of the vehicle, a Panchanama would be got prepared by the District Magistrate cum Collector, Supaul, 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) alongwith the Bank Guarantee or title deed of immovable property situated in the district, 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. The title deed papers shall remain in safe custody of the confiscating authority subject to final decision in the confiscation proceedings.

With the observations above, this writ petition is allowed. (Jyoti Saran, J) Archana/ Surendra/- ( Arvind Srivastava, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 28.02.2019 Transmission Date NA