Patna High CourtCR. WJC/2134/2017disposed

Kaushal Pandey @ Kaushal Kumar Pandey @ Kaushal Kishore Pandey v. The State Of Bihar And ORS

2017-11-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2134 of 2017 =========================================================== Kaushal Pandey @ Kaushal Kumar Pandey @ Kaushal Kishore Pandey, Son on Late Ramjanam Pandey, Resident of Village-Ghataro, Police Station-Obra, DistrictAurangabad. .... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Inspector General of Police, Magadh Division, Gaya.

4. The Deputy Inspector General of Police, Magadh Division, Gaya.

5. The District Magistrate, Aurangabad.

6. The Superintendent of Police, Aurangabad.

7. The Deputy Superintendent of Police, Aurangabad.

8. The Station House Officer, Jambhore Police Station, Aurangabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shankar Pankaj, Adv. For the Respondent/s : Mr. Vivek Prasad, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-11-2017 Heard learned counsel for the petitioner and the State.

2. Commercial quantity of country-made liquor was recovered from the Tata pickup van of the petitioner bearing registration No.BR-11S-0998 and Jamhore P.S. Case No.68 of 2017 was registered under Section 30(a)/38(i) of the Bihar Prohibition and Excise Act, 2016.

3. Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. In the

Patna High Court Cr. WJC No.2134 of 2017 dt.08-11-2017 circumstances, till pendency of the L.P.A. aforesaid, the vehicle, in question, be released in favour of the petitioner as no purpose is going to be served by its continued detention in police lockup.

4. Since commercial quantity of country-made liquor was recovered from the vehicle of the petitioner, let the same be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.2,50,000/-(Two Lac Fifty thousand) or original sale deed of immovable property in the name of the petitioner to the satisfaction of the learned Courtbelow/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. The release shall be subject to the result of the L.P.A. aforesaid. 5.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.11.2017 Transmission Date 10.11.2017