Sarfaraj @ Sarfaraj Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4621 of 2019 ====================================================== Sarfaraj @ Sarfaraj Alam, aged about 22 years Gender- Male, Son of Nasrullah, resident of Village- Mohammadpur, P.S.- Patahi, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar, Patna.

2.

The District Magistrate, Motihari, East Champaran. 3.

The Excise Superintendent, Motihari.

4.

The Deputy Excise Superintendent, Dhaka, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 29-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.

The petitioner prays for provisional release of the Super Splendor G-Black (Colour) Motorcycle bearing Registration No. BR05X-0199, Chasis No. MBLJAR035H9D37726, Engine No. JA05EGH9D39149, which has been seized in connection with Excise Case No. 459 of 2018 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioner submits that he has no information about initiation

Patna High Court CWJC No.4621 of 2019 dt.29-03-2019 2/3 of the confiscation. It is stated that the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 12 liters of Nepali Saufi and 1.8 liters IMFL. Having heard learned counsel for the parties and taking note of the nature of seizure made, 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 designated Court below 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, 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

Patna High Court CWJC No.4621 of 2019 dt.29-03-2019 3/3 when required.

(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the designated 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 submission of the sureties and the undertakings as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding.

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

(Jyoti Saran, J) ( Arvind Srivastava, J) Nasimul/Shailendra AFR/NAFR NAFR CAV DATE N/A Uploading Date 09-04-2019 Transmission Date N/A