Dinesh Saw @ Dinesh Kumar @ Dinesh Kumar Saw v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17433 of 2018 ====================================================== Dinesh Saw @ Dinesh Kumar @ Dinesh Kumar Saw Son of Sita Ram Saw, Resident of Village- Chautha, Police Station- Rajauli in the district of Nawada.

... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Collector-cum- District Magistrate, Nawada.

3. Superintendent of Police, Nawada.

4. S.H.O., Akbarpur P.S., District- Nawada.

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Respondent/s :

Mr. Kumar Manish -S.C-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner prays for provisional release of the motorcycle bearing Registration No. BR27J-3152, Engine No. JC73ET1071566, Chasis No. ME4JC734DHT040804 which has been seized in connection with Excise Case No. 2963 of 2017 arising out of Akbarpur P.S. Case No. 209 of 2017 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

2/4 It is stated by learned counsel for the petitioner that confiscation proceeding has not yet been initiated and the vehicle in question is lying under the open sky in the police station. The seizure list reflects the seizure of 50 litres of country made liquor.

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 with respect to vehicle in question in his name before the Court below with one surety along with 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 future:

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, if any, 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 along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance document and the undertakings as stated above. This release would, however, be subject to the final order passed in the confiscation proceeding as and when initiated.

4/4 With the observations and directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Brajesh/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date