Sunil Yadav v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1020 of 2018 ====================================================== Sunil Yadav, Son of Late Subhas Yadav, Resident of Hariharpur, Post Office- Tamkuhiraj, Police Station- Tareyasujan, District- Kushi Nagar (Uttar Pradesh).

.... .... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, Patna.

3. The District Magistrate, Siwan.

4. The Superintendent of Police, Siwan.

5. The Police Inspector-cum-Officer In Charge (S.H.O.) Police StationSiwan Town, District- Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Respondent/s : Mr. Anil Kumar Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Xylo bearing Reg. No.HR55QT-4335, which has been seized by the police in connection with Siwan Town P.S. Case No.656 of 2017, District-Siwan for the offence under Sections 30(a)/36/41 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 69.5 liters of foreign liquor have been recovered from the vehicle in question. Submission of the learned counsel for the petitioner is that the vehicle in question is of 2012 model and it has been

Patna High Court Cr. WJC No.1020 of 2018 (2) dt.04-05-2018 purchased on payment of Rs.2,20,000/-.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature to the satisfaction of the District Magistrate, Siwan/authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the

Patna High Court Cr. WJC No.1020 of 2018 (2) dt.04-05-2018 interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T