Ramashankar Bhagat v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna And
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1453 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PURNIA ===========================================================
1. Ramashankar Bhagat, Son of Ramlal Bhagat, resident of Village Shankarpur Aurahi, Police Station Simraha, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The Collector, Purnea.
3. The Excise Superintendent, Purnea.
4. The Superintendent of Police, Purnea.
5. The Officer-in-Charge of Baisi Police Station, District- Purnea. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-09-2017 Heard the learned counsel for the parties.
2. The Scorpio vehicle of this petitioner bearing registration No.BR38P/9100 was seized in connection with Baisi P.S. Case No.90 of 2016, a case registered for the alleged violation of the Excise laws.
3. Submission of the learned counsel for the petitioner is that by order dated 31.01.2017, the Collector, Purnea, confiscated the vehicle of the petitioner in connection with Confiscation (Excise) Case No.192 of 2016.
4. Further prayer of the petitioner is to allow interim
Patna High Court Cr. WJC No.1453 of 2017 dt.13-09-2017 P3/2 release of the vehicle bearing registration No. BR-38P-9100 of the petitioner, which was seized in connection with the aforesaid case.
5. Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. In the circumstances, till pendency of the L.P.A. aforesaid operation of the impugned orders be stayed and the vehicle in question be released in favour of the petitioner as no purpose is going to be served by its continued detention in police lockup.
6. Learned counsel for the State-respondent opposed the prayer on the ground that the authorities are competent under the provisions of Bihar Prohibition and Excise Act, 2106, to confiscate. Hence, the petitioner cannot get interim relief of release of the vehicle.
7. Considering the fact that authority of the executive to confiscate the seized vehicle under the Excise Act and other provisions is under consideration before a larger Bench of this Court as referred above, the proceeding of the aforesaid confiscation case shall remain stayed till further order and shall be subject to the result of L.P.A. aforesaid.
8. Since no purpose is going to be served by continued
Patna High Court Cr. WJC No.1453 of 2017 dt.13-09-2017 P3/3 detention of the vehicle, let the same be released in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs. 10,00,000/- (Ten 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.
9. With the aforesaid observation, this writ application stands disposed of.
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