Md. Auved Aslam @ Mohammed Auved Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9194 of 2019 ====================================================== Md. Auved Aslam @ Mohammed Auved Sheikh, aged about 30 years (Male), S/o-Md. Aalam, R/o GNM-852180 Navrang Compound, P.S.-Dharavi, Mumbai, at present -R/o Village- Malidvan Nassa, P.S.-Jalley, DistrictDarbhnaga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition Act, Govt. of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Superintendent of Police Madhubani.

4.

The Officer-in-Charge, Halakhi, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Respondent/s :

Mr.(Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 15-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Mahindra Scorpio bearing registration No. MH-04BS-4158, Chasis No. MAITA2BFC32G84066, Engine No. BF34G45448 which has been seized in connection with Harlakhi P.S. Case No. 131/17 vide G.R. No.401/2017, for the offences punishable under sections 272, 273 IPC and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.9194 of 2019 dt.15-07-2019 2/3 It is stated by learned counsel for the petitioner that 14.100 litres of Nepali Liquor has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 14.100 litres of Nepali 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 Collector cum District Magistrate, Madhubani 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 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 and shall not alienate the vehicle during this period.

Patna High Court CWJC No.9194 of 2019 dt.15-07-2019 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, Madhubani 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, which would however be subject to finalization of the confiscation proceeding, if any.

With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Partha Sarthy, J) Anjula/Surendra AFR/NAFR NAFR CAV DATE NA Uploading Date 22.07.2019 Transmission Date NA