Patna High CourtCR. WJC/2626/2017disposed

Chandan Kumar Sahani v. The State Of Bihar Through The Principal Secretary, Department Of Registration, Excise And Prohibit

2017-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2626 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PURNIA =========================================================== Chandan Kumar Sahani, Son of Ram Deo Sahani, Resident of Village- Nageshwar Bagh, Khushkibagh, P.S.- Sadar, District- Purnea. .... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Purnea.

3. Superintendent of Police, Purnea.

4. The Excise Commissioner, Bihar, Patna.

5. Officer in Charge, Sadar, Purnea.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. : Mr. Avnish Kumar, Adv.

For the Respondent/s : Mr. Kumar Ravish,Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the parties.

2. This writ application has been preferred for quashing the order dated 07.04.2017 passed in Excise Case No.238 of 2016 by the Collector, Purnea whereby the Collector has confiscated the vehicle of the petitioner bearing Registration No.BR11N-8555 which was seized in connection with Dagarua P.S. Case No. 91 of 2016 for alleged violation of the Bihar Excise Law. Further prayer is for release of the said vehicle.

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 @

Patna High Court Cr. WJC No.2626 of 2017 dt.20-12-2017 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.1,00,000/- (One Lac) 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. The impugned order dated 07.04.2017 passed in Excise Case No. 238 of 2016 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date 22.12.2017