Shekh Jamal @ Md. Jamal v. The State Of Bihar Through The Principal Secretary Excise Department, Patna, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.399 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- KATIHAR ===========================================================

1. Shekh Jamal @ Md. Jamal, S/o Md. Sharif @ SK Shanif, R/o Rampara Ward No. 24, P.S.- Katihar, Distt.- Katihar.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Katihar.

3. The Superintendent of Police, Katihar.

4. The S.H.O. Katihar Town Police Station, Katihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Respondent/s : Mr. Vikash Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 20-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Hero Pro Motorcycle) bearing registration no. BR-39M-0506, Cash of Rs. 6000/- and two mobiles bearing SIM No. 9931140925 and 9472393462 in favour of the petitioner in connection with Katihar Town P.S. Case No. 228/2017 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery of illicit liquor from the motorcycle in question. The allegation is that accused persons were taking liquor somewhere else.

Learned counsel for the State is present.

Patna High Court Cr. WJC No.399 of 2018 dt.20-04-2018 In the facts and circumstances, let the aforesaid vehicle (Hero Pro Motorcycle) bearing registration no. BR39M-0506, Cash of Rs. 6000/- and two mobiles bearing SIM No. 9931140925 and 9472393462, be provisionally released on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs. 60,000/- (Sixty Thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of the District Magistrate, Katihar/concerned authority.

(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 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 undertakes 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

Patna High Court Cr. WJC No.399 of 2018 dt.20-04-2018 confiscation proceeding, as the case may be.

It is made clear that before initiation of any confiscation proceeding the District Magistrate shall consider the preliminary issue as to whether in view of Section 56 of the Bihar Prohibition and Excise Act, 2016 a confiscation proceeding may be initiated in respect of a vehicle from which there is no recovery of illicit liquor.

The application stands disposed of.

(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2018 Transmission Date 24.04.2018