Hemanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7516 of 2019 ====================================================== 1.
Hemanti Devi (Female), aged about 59 years Wife of Manoj Saw Resident of Village- Hadkhar Tola, Ropavel, P.O.-Garhi, P.S.-Khaira, District- Jamui. 2.
Bijay Saw(male) aged about 40 years Son of Chhotelal Saw Resident of Village- Hadkhar Tola, Ropavel, P.O.-Garhi, P.S.-Khaira, District-Jamui. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Excise Department Bihar, Patna. 3.
The District Magistrate, Jamui.
4.
The Officer Incharge, Sikandra Police Station, District-Jamui. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Adv.
For the Respondent/s :
Mr.Kumar Manish, SC5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 17-05-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. While petitioner No.1 prays for provisional release of the motorcycle (Splendor Pro) bearing Registration No. JH11P 1886 Engine No. HA10ERFHJ47973, Chassis No.MBLHA10BFFHJ45563, petitioner no.2 prays for provisional release of Motorcycle (HHonda Splendor Pro Self) bearing Registration No.BR27C 1283, Chassis No.MBLHA10 ASDHA45585, Engine No.HA10ELDHA23495, which have been seized in connection with Sikandra P.S. Case No.315 of 2018 for the offences punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
2/4 It is stated by learned counsel that while 20 litres of Mahua Liquor has been seized from the motorcycle of petitioner No.1, 50 litres of Mahua Liquor has been seized from the motorcycle of petitioner no.2; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of 20 litres and 50 litres of Mahua Liquor from the motorcycles of petitioner Nos.1 and 2 respectively.
In so far as motorcycle of petitioner No.1 is concerned, 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 no.1 on production of ownership and registration with respect to the 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 and in far as motorcycle of petitioner no.2 is concerned, the same be released provisionally in favour of the petitioner no.2 on production of ownership and registration papers with respect to vehicle in question 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.
3/4 The petitioners while submitting their individual 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(s) in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in further.
(ii) That the petitioners shall not indulge in creating any third party right or interest in respect of the vehicles during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.
(iii) The petitioners shall furnish an undertaking to produce the vehicle(s) before the confiscating authority as and when required.
(iv) Prior to release of the vehicle(s), a Panchanama would be prepared by the designated court below wherein the photograph of the vehicle shall be taken and will be certified by the petitioners and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioners shall furnish their individual undertaking not to challenge the said Panchanama in course of trial. In so far as the release of motorcycle of petitioner no.1 is concerned, the same shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above, which would however be subject
4/4 to initiation and finalization of the confiscation proceeding, if any.
In so far as the release of motorcycle of petitioner No.2 is concerned, the same shall be allowed within a period of 14 days from the date of production of ownership/registration papers supporting the claim of the petitioner no.2 together with one surety along with the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This would, however, be subject to the final order passed in the confiscation proceeding. The title deed papers shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings.
With the observations above, this writ petition is allowed.
(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.05.2019 Transmission Date NA