Nand Kishore Das v. The State Of Bihar Through The Principal Secretary, Transport Department, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.204 of 2018 ====================================================== Nand Kishore Das, Son of Mahadev Das, Resident of Village-Maheshpur, P.O. and P.S.-Korha, District-Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Transport Department, Government of Bihar, Patna.

2. The District Magistrate, Katihar.

3. The Superintendent of Police,Katihar.

4. The S.H.O. Kodha Police Station, District-Katihar.

5. The District Transport Officer, Purnea.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Kumar For the Respondent/s : Mr. Chitranjan Sinha (PAAG-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Tempo bearing Reg.

No.

BR-11GA-7818, Chassis No.MCGGXPCPVL1659159, Engine No.S6L8648600, which has been seized by the police in connection with Kodha P.S. Case No.198 of 2017, District-Katihar for the offence under Section 7 of the E.C. Act. It is alleged that the vehicle in question was carrying rice illegally.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions

Patna High Court Cr. WJC No.204 of 2018 (2) dt.29-03-2018 which may be imposed by this Court for provisional release of the vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.2,00,000/- (two lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Katihar/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 will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned

Patna High Court Cr. WJC No.204 of 2018 (2) dt.29-03-2018 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