Vidhyanand Sardar v. The State Of Bihar Through Principal Secretary, Department Of Excise And Prohibition, Govt. Of Biha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1989 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SUPAUL ===========================================================

1. Vidhyanand Sardar Son of Chandar Sardar, R/o Village- Barahkurva, P.S.- Triveniganj, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Principal Secretary, Department of Excise And Prohibition, Govt. of Bihar, Patna.

2. The Collector, Supaul.

3. The Excise Superintendent , Supaul.

4. The Officer In Charge, Triveniganj, P.S., District- Supaul. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, GA-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the petitioner and the State.

2. The petitioner has invoked the writ jurisdiction of this Court to quash the order dated 24.06.2017 passed in connection with Excise Case No.107 of 2017 by the Collector, Supaul, under the Bihar Prohibition and Excise Act, 2016. By the said order the prayer of the petitioner to release the seized vehicle bearing registration No.BR-19K/8945, which was seized in connection with Triveniganj P.S. Case No.24 of 2017 has been refused and the referred vehicle has been confiscated.

3. The constitutional validity of the provisions of Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 is under challenge in Cr. W.J.C. No. 2446 of 2017 (Rahul

Patna High Court Cr. WJC No.1989 of 2017 dt.20-12-2017 P2/ Kumar @ Rahul V. The State of Bihar and others) and the matter is pending before the larger Bench of this Court.

4. Hence, the respondents are directed to release the referred vehicle in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.50,000/- (Fifty thousand) or sale deed of immovable property of equal value standing in the name of the petitioner to the satisfaction of the learned Court-below/authority concerned where the case is pending, 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.

5. Further proceeding of Excise Confiscation Case No.107 of 2017 shall remain stayed till disposal of the Cr.W.J.C. aforesaid and shall be subject to the Cr.W.J.C. aforesaid.

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

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date21.12.2017 Transmission Date 21.12.2017