Sonar Chand Debnath v. The State Of Bihar, Through The Principal Secretary, Department Of Registration And Excise Departme

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2234 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BEGUSARAI =========================================================== Sonar Chand Debnath, Son of Jiban Debnath, Resident of Bahiyapara, K ukurjhan, Rajganj, Police Station- Jalpaiguri, West Benegal. .... .... Petitioner

Versus

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

2. The Collector, Begusarai.

3. The Superintendent of Police, Begusarai.

4. The Station House Officer (Town), Ratanpur, Police Station- Begusarai. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. Anil Kumar Sinha, G.A.-1. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-11-2017 Heard learned counsel for the parties.

2. Bolero Pick Up of this petitioner bearing Registration No. WB-71A-8422 was seized in connection with Begusarai Town (Ratanpur) P.S.Case No.448 of 2016 for alleged violation of the Bihar Excise Laws.

3. 92 bottles of foreign liquor was allegedly recovered therefrom. Subsequently, Confiscation Case No. 18 of 2017 has been initiated by the Collector, Begusarai for confiscation of the aforesaid vehicle.

4. The present writ application has been filed for interim release of the vehicle and quashing the notice

Patna High Court Cr. WJC No.2234 of 2017 dt.28-11-2017 dated 16.05.2017 whereby the Collector, Begusarai has asked the petitioner to show case as to why the vehicle be not confiscated.

5. Submission of the learned counsel for the petitioner is that the power of confiscation exercised by the Executive Authority which is exercisable by a Judicial Authority is under challenge before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Moreover, confiscation of the vehicle prior to recording a finding of guilt would amount to pre-trial punishment which cannot be permitted under the law. Till adjudication of the aforesaid issue, interim release of the vehicle may be ordered in favour of the petitioner on any appropriate condition.

6. Learned counsel for the respondents opposed the prayer. However does not dispute the pendency of the aforesaid issue.

7. Considering the pendency of the aforesaid issue under consideration, let the referred vehicle be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.6,00,000/- (Six Lacs) or document of immovable property standing in the name of the petitioner with further condition that the petitioner shall not

Patna High Court Cr. WJC No.2234 of 2017 dt.28-11-2017 dispose of the said vehicle or put under encumbrance without permission of the Collector concerned.

8. The operation of confiscation proceeding, if any, pending or order of confiscation, if any, found in respect of the said vehicle shall remain in abeyance till disposal of the L.P.A. aforesaid and the same shall be subject to the final result of the L.P.A.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date29.11.2017 Transmission Date 29.11.2017