Jitendra Shaw v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4544 of 2019 ====================================================== Jitendra Shaw, aged about 33 years (Male), Son of Makun Shaw, Resident of Village- Kewal Fariyatta P.S. Kewalpharaita, District- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise, Govt. of Bihar, Patna 2.

The District Magistrate, Jamui 3.

The Superintendent of Excise, District- Jamui 4.

The Superintendent of Police, Jamui 5.

The S.H.O. Laxmipur (Gidhour), District- Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate 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 : 14-03-2019 No one appears on behalf of the petitioner. Learned counsel for the State is present.

The prayer is for provisional release of the TATA MAJIC VEHICLE bearing Registration No. JH 10AJ/2519, Chesis No. MAT445227DZA10028, Engine No. 2751D106AWYS25998, which has been seized in connection with Laxmipur (Gidhour) P.S. Case No. 07 of 2018 for the offences punishable under Section 30 /32 of the Bihar Prohibition and Excise Act and 2(e)/3/5(b)/13/18 of Bihar Mahua Flower Act, 2006.

2/4 Learned counsel appearing on behalf of the State submits that he has no information about initiation 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 160 kg. Mahua Flower.

Having heard learned counsel for the State 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 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.

(ii) That the petitioner shall not indulge in creating

3/4 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 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 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 amount and the undertakings as stated above. This release would, however, be subject to initiation and finalisation of the confiscation proceeding. The title deed papers shall remain in safe custody

4/4 of the court below subject to final decision in the confiscation proceedings.

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 28-03-2019 Transmission Date N/A