Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10610 of 2019 ====================================================== Sunil Kumar Son of Vijay Singh Resident of Village Barhauna, P.S.- Chandi, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Prohibition and Excise Bihar.

2.

The District Magistrate Araria.

3.

The Superintendent of Police Araria.

4.

The Officer in Charge of Forbisganj Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Respondent/s :

Mr.Kumar Manish ( Sc5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 08-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This application has been filed seeking provisional release of the Vehicle (Truck) bearing Registration No. BR21A5291 which has been seized in connection with Forbisganj P.S. Case No. 772 of 2018 registered under sections 30(1), 38 and 34 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that for recovery of 160 liters of Cough Syrup the Truck in question has been seized because according to the respondent, it is capable of

Patna High Court CWJC No.10610 of 2019 dt.08-08-2019 2/3 being used as a substitute for an intoxicant. It is submitted that there is no information about confiscation proceeding. Learned counsel for the State has not been able to clarify that whether or not the cough syrup so seized comes in the prohibited category of intoxicant or spirit or liquor or fermented liquor or illicit liquor under the Bihar Prohibition and Excise Act, 2016.

Having heard learned counsel for the parties and in the given facts and circumstances where no confiscation proceeding is presently pending and the seizure is of cough syrup, let the vehicle in question be released in favour of the petitioner on the petitioner's producing the document of ownership and registration 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 and an undertaking that he will not create third party rights during pendency of the proceeding.

The release shall be allowed within a period of 14 days from the date of production of ownership papers before the court below with the sureties along with the undertaking as stated above. This release, however, would be subject to the final order passed in the confiscation proceeding, if any.

Patna High Court CWJC No.10610 of 2019 dt.08-08-2019 3/3 The petitioner shall be at liberty to raise the issues whether or not the seized goods comes within the prohibitory jurisdiction of 'the Act'.

The writ petition is allowed to the extent as stated hereinabove.

(Jyoti Saran, J) ( Partha Sarthy, J) Prakash/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date