Guljar Alam @ Md. Gulzar Alam v. The State Of Bihar Through The Secretary, The Department Of Custom And Excise, The Government Of Bi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2565 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- ARRARIA ===========================================================

1. Guljar Alam @ Md. Gulzar Alam, S/o Lal Mian, Resident of Village- Singhia, P.S. & District- Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Secretary, The Department of Custom And Excise, The Government of Bihar, Patna.

2. The Collector, Araria.

3. The Superintendent of Police, Araria.

4. The Deputy Superintendent of Police, Araia.

5. Ramesh Kant Chaudhary, The S.H.O., Araria, Police Station, District- Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-12-2017 Heard learned counsel for the petitioner and the State.

2. This writ application has been preferred for release of the vehicle bearing registration No. BR-37F/3038 which was seized in connection with Araria P.S. Case No.470 of 2017 for alleged violation of the Bihar Excise Law.

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 Kumar @ Rahul V. The State of Bihar and others) and the matter is pending before the larger Bench of this Court.

Patna High Court Cr. WJC No.2565 of 2017 dt.13-12-2017 P2/

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.3,00,000/- (Three Lacs) 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 Confiscation Case No.109 of 2017-18 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 Date15.12.2017 Transmission Date 15.12.2017