Patna High CourtCR. WJC/2399/2017disposed

Md. Rafique Sai @ Md. Rafique v. The State Of Bihar, Through Principal Secretary Excise Department Bihar, Patna And ORS

2017-12-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2399 of 2017 =========================================================== Md. Rafique Sai @ Md. Rafique, son of Md. Wasim, resident of MohallaChainpura, Police Station- Biharsharif, District- Nalanda..... .... Petitioner

Versus

1. The State of Bihar, through Principal Secretary Excise Department Bihar, Patna.

2. The District Magistrate, Nalanda.

3. The Superintendent of Police, Nalanda.

4. The District Transport Officer, Nalanda.

5. The Officer-in- Charge, Asthowan Police Station- Asthowan, District- Nalanda. ... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Hansraj, Adv. For the Respondent/s : Mr. Kumar Manish, S.C.-5. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-12-2017 Heard learned counsel for the parties.

2. Tavera of the petitioner bearing Registration No. WB-06-8809 was seized by the police in connection with Ashowan P.S. Case No. 135 of 2017 for alleged violation of the Bihar Excise Law.

3. 288 liters of country made liquor was allegedly recovered therefrom.

4. By the impugned order dated 22.09.2017, the learned Additional Sessions Judge- VI, Nalanda, Biharcum-Special Judge Excise, Nalanda at Biharsharif refused to release the vehicle in favour of the petitioner in the light of Section 60 of the Bihar Prohibition and Excise Act, 2016.

5. Submission of the learned counsel for the petitioner is that no purpose would be served by continued

Patna High Court Cr. WJC No.2399 of 2017 dt.06-12-2017 detention of the vehicle till completion of the criminal trial because pre-trial confiscation of the seized article is challenged in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) before a Larger Bench of this Court.

6. After hearing the parties, finding substance in the submission aforesaid, let the aforesaid vehicle be released in favour of the petitioner on execution of bank guarantee of Rs.5,00,000/-(Five Lacs) or document 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.

7. The operation of the impugned order shall remain stayed and the release shall be subject to the final result of the pending L.P.A. aforesaid.

With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date08.12.2017 Transmission Date 08.12.2017