Ghanshyam Shivdani Singh Bharosh @ Ghanshyam Bharosh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6399 of 2019 ====================================================== Ghanshyam Shivdani Singh Bharosh @ Ghanshyam Bharosh (Male), aged about 30 years, Son of Shivdani Singh Bharosh, resident of Mansi Araria, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2.
The Director General of Police, Bihar, Patna. 3.
The Excise Commissioner, Bihar, Patna.
4.
The Inspector General of Police, Bihar, Patna. 5.
The District Magistrate/Collector, Khagaria.
6.
The Superintendent of Police, Khagaria.
7.
That Excise Superintendent of Police, Khagaria 8.
The Officer-in-Charge of Chautham Police Station, District- Khagaria. 9.
The Investigation Officer of Chautham P.S. Case no. 253/18, Police Station, District- Khagaria.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, 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 : 07-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.
The petitioner prays for provisional release of the Swift Car bearing Registration No. MH20EJ0205, Chasis No. MA3FHEB1S00D22044, Engine No. D13A-693878, which has been seized in connection with Chautham P.S. Case No. 253 of 2018 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Patna High Court CWJC No.6399 of 2019 dt.07-05-2019 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 650 ml. 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 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
Patna High Court CWJC No.6399 of 2019 dt.07-05-2019 3/3 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 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) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13-05-2019 Transmission Date N/A