Mahesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10036 of 2021 ====================================================== Mahesh Bind Son of Late Yogendra Bind Resident of Mohalla- Kusumpuram Nahar Par (Teslal Verma Nagar), Police Station- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The District Magistrate Patna.

3.

The Superintendent of Police, Excise Patna.

4.

The Superintendent of Police Patna.

5.

The Deputy Superintendent of Police Patna.

6.

The S.I. Rupaspur Police Station Patna.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Sudish Kumar, Adv For the Respondent/s :

Mr. Kumar Manish SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 06-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That the present writ application is being filed issuance of Mandamus, to the respondents for release of vehicle, i.e. motorcycle bearing No. BR-01CV-7846 and cash Rs. 18,000/- who belongs to the petitioner and seized in connection with Rupaspur PS Case No. 191 of 2017." Learned counsel for the petitioner submits that 10 litres of country made illicit liquor was recovered from the bag

2/4 hanging on left side of the handle in which two gallons of 10 litres of white coloured country made Mahua liquor was recovered. It is further submitted by learned counsel for the petitioner that no confiscation proceeding has been initiated as yet and statement in this regard has been made in para-12 of his petition.

In view of the above, the writ petition is disposed of with a direction to the Confiscating Authority/District Collector, Patna, to immediately initiate the confiscation proceeding preferably within 15 days from the date of production/receipt of a copy of the order passed by this Court and conclude the confiscation proceeding within 90 days, from the date of filing of show cause failing which, he is directed to provisionally release the vehicle of petitioner after due identification of ownership on production of ownership and registration papers with respect to vehicle in question in his name with two sureties (one local) 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 petitioner shall not indulge in creating any third party right or interest in respect of the

3/4 vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period. (ii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iii)Prior to release of the vehicle, a Panchanama would be prepared wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and 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.

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, which would however be subject to finalization of the confiscation proceeding.

So far as cash of Rs. 18,000/- is concerned, as recovered and seized cash is not liable for confiscation under section 56 of the Excise Act, bar of jurisdiction in confiscation under section 60 of the Excise Act is not applicable and the concerned Special Court (Excise) has jurisdiction to pass order for release of cash during pendency of trial. The writ petition is disposed of with liberty to petitioner to file a petition before the Special Court (Excise)

4/4 under section 451 of Cr.P.C. and if any such petition is filed for release of cash, the Special Court (Excise) shall dispose of such petition within 30 days from its filing.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA