Mukaddar Shah @ Mukaddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6092 of 2019 ====================================================== Mukaddar Shah @ Mukaddar, aged about 33 years-male, S/o Rafiullah Sah, Resident of Vill.- Basila Nasirpur, P.S.- Chandauli, Distt.- Chandauli (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar, through Secretary of the Excise Department, Bihar at Patna 2.

The Collector cum District Magistrate, Kaimur at Bhabua 3.

The Superintendent of Police, Kaimur at Bhabua 4.

The Sub-Divisional Police Station Bhabua, Distt.- Kaimur at Bhabua 5.

The Officer-in Charge of Police Station Chand, Distt.- Kaimur at Bhabua 6.

The Excise Officer Bhabua, Distt.- Kaimur at Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Respondent/s :

Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 30-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Beloro Pick up Van bearing Temporary Registration No. UP/65/TMP2018/4982, Engine No.

TBJ1 C41518, Chesis No. MA1ZN2TBKJ1C31772, which has been seized in connection with Chand P.S. Case No. 127 of 2018 for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.6092 of 2019 dt.30-04-2019 2/3 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 32 liters of IMFL.

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 (one local) 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 when required.

Patna High Court CWJC No.6092 of 2019 dt.30-04-2019 3/3 (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 09.05.2019 Transmission Date N/A