Rajkishor Chaudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17694 of 2018 ====================================================== Rajkishor Chaudhary Son of Jagdish Chaudhary Resident of VillageDaulatpur, P.S. Hajipur Sadar, District- Vaishali. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patn
3. The Collector-Cum-District Magistrate, Vaishali at Hajipur.
4. The Superintendent of Police, Vaishali at Hajipur.
5. The Superintendent of Excise, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Respondent/s :
Mr.Kumar Manish- SC5 ====================================================== 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 appearing on behalf of the State. The petitioner prays for provisional release of the Motorcycle bearing Registration No. BR31L-1160, one Mobile Phone and rupees eleven hundred in cash, which have been seized in connection with C2A 122 of 2017 for the offences punishable under Sections 30(a) and 35(a) of the Bihar Prohibition and Excise Act.
It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying
Patna High Court CWJC No.17694 of 2018 dt.18-02-2019 2/3 under the open sky in the police station. The seizure list reflects the seizure of 3.375 Liters of I.M.F.L., one Mobile Phone and Rs. 1100/- cash.
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 pending, we direct that the vehicle in question alongwith the Mobile Phone as also Rs. 1100/- cash, be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle and mobile in question in his name before the Collectorcum-District Magistrate, Vaishali, with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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.
(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
Patna High Court CWJC No.17694 of 2018 dt.18-02-2019 3/3 produce the vehicle and the phone before the confiscating authority as and when required.
(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the Collector-cum-District Magistrate, Vaishali 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 submission of the sureties and the undertakings as stated above. This release would, however, be subject to finalization of the confiscation proceeding. With the observations/directions above, this writ petition is allowed.
(Jyoti Saran, J) ( Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26-02-2019 Transmission Date NA