Anup Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5262 of 2019 ====================================================== Anup Rai, aged about 25 years, (Male), S/o- Late Ram Naresh Rai, Resident of Village- Rampur Bangr, Kushinagar, Uttar Pradesh. ... ... Petitioner

Versus

1.

The State of Bihar, through the Principal Secretary, Excise Department, Govt. of Bihar, Patna 2.

The District Magistrate, Gopalganj 3.

The Superintendent of Police, Gopalganj 4.

The S.H.O., Kuchaikote, District- Gopalganj ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar, Adv.

For the Respondent/s :

Mr. Anil Kr. Sinha, GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 15-03-2019 Defect is waived and matter with the consent of the parties be taken up for consideration.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the White Colour Ciaz Suzuki car bearing Engine No. D13A3194670, Chasis No. MB3FXEB1500323117, which has been seized in connection with Uchakagaon P.S. Case No. 232/2018 for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

2/4 It is stated by learned counsel for the petitioner that 241 litres of Country made liquor as well as IMFL has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 241 litres of Country made liquor as well as IMFL.

Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration papers with respect to vehicle in question before the court below with one local surety alongwith a Bank Guarantee or original title deed of immovable property situated within the District to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the Bank Guarantee or the original title deed, as the case may be, shall also furnish the following affidavits/ undertakings:

(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in further.

3/4 (ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the court below wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

The release shall be allowed within a period of 14 days from the date of production of ownership/registration papers supporting the claim of the petitioner together with one surety (local) alongwith the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding.

4/4 The title deed papers shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings.

With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.03.2019 Transmission Date NA