Dharmendra Kumar v. The State Of Bihar, Through Principal Secretary, Excise Department, Government Of Bihar, Old Secret

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2698 of 2017 ====================================================== Dharmendra Kumar, S/o Shri Kamta Ram, R/o Village- Sanathua, P.S.- Risiup, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar, Through Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

2. The District , Aurangabad (Bihar).

3. The Superintendent of Police, Aurangabad (Bihar).

4. The District Supply Officer, Aurangabad (Bihar).

5. The S.H.O. Mali, P.S., District- Aurangabad (Bihar). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Bahadur Singh For the Respondent/s : Mr. Anil Kumar Sinha (GA-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Tempo/Auto Piaggio APE bearing Reg. No. BR-26F-5684 which has been seized by the police in connection with Mali P.S. Case No.49 of 2016, District-Aurangabad for the offence under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2016. It is alleged that 630 pouches of country made liquor each containing 200 ml have been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the

Patna High Court Cr. WJC No.2698 of 2017 (2) dt.30-01-2018 petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

Considering the facts and circumstances particularly the fact that the vehicle in question was being used for carrying huge quantity of illicit liquor, let the vehicle of the petitioner be released provisionally on production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the court below or any other security of like nature valued at Rs. 2,00,000/- (two lakhs) to the satisfaction of court below or the authority concerned.

(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

Patna High Court Cr. WJC No.2698 of 2017 (2) dt.30-01-2018 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 confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T