Kamala Devi @ Kamala Devi Balmiki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7639 of 2019 ====================================================== Kamala Devi @ Kamala Devi Balmiki wife of Mr. Mangal Ram Balmiki, Resident of Road no- 44(A), Quarter no. 4/B, Chitranjan, District - Barddhaman, West Bengal.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary,Development of Registration and Excise, Bihar, Patna.

2.

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

That Station House Officer, Muffasil Police Station, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey 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 : 16-05-2019 A counter affidavit is being filed. Let it be taken on record.

Heard learned counsel for the petitioner and learned Counsel for the State.

The petitioner prays for provisional release of the vehicle (white colour Sumo Gold Ex) bearing Registration No. WB-44D-7547, Chasis No.MAT446248C9018085, Engine No.DXY626020 which has been seized in connection with Mufassil P.S. Case No. 129 of 2017 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying

Patna High Court CWJC No.7639 of 2019 dt.16-05-2019 2/3 under the open sky in the police station. The seizure list reflects the seizure of 640 litres of country liquor.

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 pending, 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 District Magistrate, Aurangabad with one surety (local) 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. The petitioner while submitting the 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 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 petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

Patna High Court CWJC No.7639 of 2019 dt.16-05-2019 3/3 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate, Aurangabad 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety(local) along with the Bank Guarantee or the original title deed of immovable property situated in the district, as the case may be, to the extent of the value of the vehicle as indicated in the insurance document and the undertakings, as stated above.

This release would, however, be subject to finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the confiscating authority subject to final decision in the confiscation proceedings. The writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.06.2019 Transmission Date NA