Lucky Narayan Singh @ Pappu Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Pat

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1407 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD =========================================================== Lucky Narayan Singh @ Pappu Kumar, Son of Satendra Narayan Singh, Resident of village - Tarari, P.S. - Daudnagar, District - Aurangabad .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna

2. The District Magistrate-Cum Collector, Aurangabad

3. The Superintendent of Police, District-Aurangabad

4. The Station House Officer (S.H.O.), Daudnagar Police Station, District - Aurangabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar Dubey, Advocate For the Respondents : Mr. Anil Kumar Sinha, G.A.1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-09-2017 Heard learned counsels for the parties.

This writ application is directed against the order dated 06.07.2017 passed by the District Magistrate-cum-Collector, Aurangabad in connection with Confiscation (Excise) Case No. 107 of 2017 vide Annexure-3 whereby the Collector has refused to release the seized motorcycle bearing registration no. BR-26G-6663. The said vehicle was seized in connection with Daudnagar P.S. Case No. 51 of 2017 corresponding to G.R. No. 199 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The Collector has confiscated the said vehicle.

Submission of the learned counsel for the petitioner is that the issue whether the Executive Authority can exercise the power of confiscation, which is exercisable by a Judicial Authority, is under sub

Patna High Court Cr. WJC No.1407 of 2017 dt.07-09-2017 2 /2 judice in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) and, hence, the operation of the impugned order be stayed and the vehicle be released, by way of ad interim custody, in favour of the petitioner as no purpose is going to be served by its continued detention. I find substance in the submission aforesaid, hence, proceeding of the confiscation case aforesaid including the operation of impugned order is directed to remain in abeyance till disposal of the above referred L.P.A. The proceeding shall be subject to the result of the L.P.A. aforesaid.

Since, no purpose is going to be served by keeping the motorcycle in seizure, let the same be released in favour of the petitioner, who claims to be owner thereof, by way of ad interim custody on execution of surety bond of Rs.50,000/- (rupees fifty thousand) (not in the form of bank guarantee or cash) along with two sureties of the like amount with condition that the petitioner shall not dispose of the same without permission of the Court and shall produce the vehicle as and when required by the Court.

With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.09.2017 Transmission Date 09.09.2017