Tunvar Sheb Khan @ Saheb Khan Mohamad Khan Tunvar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5983 of 2018 ====================================================== Tunvar Sheb Khan @ Saheb Khan Mohamad Khan Tunvar, Son of Mohamd Khan @ Mohamad Khan Nyamat Khan Tanvar, 3-94 Tunvar Chauhan Madh, Dabhad Kheralu, P.S. Dabhad, District Mahesana, Gujrat, .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department, Govt. of Bihar,Patna.
2. The District Magistrate, Siwan
3. The Superintendent of Excise Department, Siwan.
4. That Officer in Charge, Guthni, Police Station,Siwan. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Respondent/s : Mr. Kumar Manish-SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-04-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Guthni P.S. Case No.41 of 2018, vehicle of the petitioner (Mahindra Scorpio bearing Reg. No. GJ02BP6558) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Siwan. In case respondents want to take action for confiscation, they are cautioned to take note of Section 56 of the Act and shall initiate proceedings only if the confiscation proceedings can be initiated in a case like this driven the vehicle in a drunken condition. In case confiscation proceedings are initiated
Patna High Court CWJC No.5983 of 2018 (2) dt.03-04-2018 and finally it is found that the confiscation could not be initiated being contrary to Section 56, the petitioner shall have liberty to seek compensation to be paid by the officer concerned personally who takes action in the matter.
With the aforesaid, the writ petition stands disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- U