Patna High CourtCR. WJC/2194/2018disposed

Suresh Sah v. The State Of Bihar Through Principal Secretary, Department Of Excise And Prohibition, Government Of

2018-09-26Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2194 of 2018 ====================================================== Suresh Sah S/o Late Bhola Sah, R/o Mohalla- Chand Saraiya, Piprakothi, Ward No. 6, P.S.- Piprakothi, District- East Champaran. .... .... Petitioner

Versus

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

2. The District Magistrate, Motihari, East Champaran.

3. The Superintendent of Police, Motihari, East Champaran.

4. The Superintendent of Excise, Motihari, East Champaran.

5. The Officer In Charge, Excise Motihari, East Champaran. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Respondent/s : Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2018 It appears that in the writ application there was also a prayer for release of the seized amount of Rs.35,200/- in favour of the petitioner but while passing the impugned order dated 26.09.2018 in the operative part of the order, the direction to release the cash amount could not be mentioned. The operative part of the order dated 26.09.2018 is modified to the extent that apart from the release of the vehicle in question on the petitioner's complying with the conditions mentioned in the order, the cash amount of Rs. 35,200/- shall also be released in favour of the petitioner after preparing a Panchnama in which the denominations and value of the notes will be duly mentioned and

Patna High Court Cr. WJC No.2194 of 2018 (3) dt.01-11-2018 2/2 the same shall be certified by the petitioner. A copy of the Panchnama shall be kept on the record in the trial court as secondary evidence which shall not be questioned by the petitioner in course of trial.

The order dated 26.09.2018 be read along with the present order.

(Rajeev Ranjan Prasad, J) R.R.Ojha/Ved/- U T