Mahboob Alam @ Mohammad Mahboob Alam @ Mahboob Alam @ Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9266 of 2019 ====================================================== Mahboob Alam @ Mohammad Mahboob Alam @ Mahboob Alam @ Mohammad, Son of Md. Taufique Alam, Resident of Village- Raja Bagaicha, P.S. Rafiganj, District- Aurangabad, Bihar, ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Officer-in-Charge, Rafiganj Police Station, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Leelawati Kumari, Adv.

For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== 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 Safari Storme Jeep bearing registration No.

BR02W-1498, Engine No.22LDICOR09EWYJ06483 and Chasis No.MAT617033DNE05065, which has been seized in connection with Rafiganj P.S. Case No.135 of 2018 for the offences punishable under sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that 135 litres of India Made Foreign Liquor and 7 litres of country made 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

Patna High Court CWJC No.9266 of 2019 dt.15-07-2019 2/3 the seizure of the Safari Jeep and 135 litres of India Made Foreign Liquor and 7 litres of country made 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 papers with respect to vehicle in question before the Collector cum District Magistrate, Aurangabad 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. 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 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.

(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 Collector cum 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 along with the Bank

Patna High Court CWJC No.9266 of 2019 dt.15-07-2019 3/3 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 confiscating authority subject to final decision in the confiscation proceedings. With the observations above, this writ petition is allowed. (Jyoti Saran, J) ( Partha Sarthy, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2019 Transmission Date NA