Kamal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5994 of 2019 ====================================================== Kamal Mahto, aged about 71 years (Male), S/o Late Sukhichan Mahto, R/o Village - Sugapatti, P.S. - Fulparas, District - Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Madhubani.

3.

The Superintendent of Police, Madhubani.

4.

The Officer-in-Charge, Laukha, District-Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Respondent/s :

Mr.Anil Kr. Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 23-04-2019 Leave is granted to the learned counsel for the petitioner to correct the quantum of liquor seized as occurring in paragraph 5 of the writ petition during the course of the day. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Hero Splendor Pro Motorcycle bearing Registration No. BR32K2023, Chasis No. MBLHA10A3EHC73872, Engine No. HA10ELEHC07748, which has been seized in connection with Laukha P.S. Case No. 93 of 2018 for the offences punishable under Sections 30 (a) of the Bihar

Patna High Court CWJC No.5994 of 2019 dt.23-04-2019 2/3 Prohibition and Excise Act.

It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 9 litres Nepali country made.

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 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

Patna High Court CWJC No.5994 of 2019 dt.23-04-2019 3/3 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 submission of the sureties and the undertakings as stated above. This release of the vehicle 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) ( Anjani Kumar Sharan, J) amit/-nasimul AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.05.2019 Transmission Date N/A