Navin Kumar Basak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4162 of 2019 ====================================================== Navin Kumar Basak Son of Anay Kumar Basak, Resident of VillageBahadurganj, P.S. Bahadurganj, District-Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Registration, Excise and Prohibition Department, Government of Bihar Patna 2.

The District Magistrate-Cum-Collector Kishanganj 3.

The Supetintendent of Police Kishanganj 4.

The S.H.O. Bahadurganj Police Station, Bahadurganj, Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Respondent/s :

Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 11-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for provisional release of the Bajaj Pulsar 150 Motorcycle bearing Chessis No. MD2A113Y5JRH00373, Engine No. DHYRJH70080, which has been seized in connection with Bahadurganj P.S. Case No. 09 of 2019 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle

Patna High Court CWJC No.4162 of 2019 dt.11-03-2019 2/2 is lying under the open sky in the Police Station. Learned counsel for the petitioner further submits that as per seizure list attached to the F.I.R., 540 ml. of IMFL has been recovered from the possession of riders, not from the petitioner, who is the owner of the vehicle. Petitioner is not named in the First Information Report. He also submits that even when no recovery has been made from the vehicle in question, yet it has been seized.

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 within a fortnight in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before designated Court at Kishanganj.

The writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.03.2019 Transmission Date NA