Kamlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10161 of 2019 ====================================================== Kamlesh Kumar Singh Son of Jagdish Singh Resident of Village Dumariya P.s. Sasaram, Distt. Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Aurangabad 3.

The Superintendent of Police Aurangabad.

4.

The Officer in-Charge Rasiyam Police Station. Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 05-08-2019 Learned counsel for the petitioner seeks permission to make corrections in cause title as well as in paragraph nos 1(i) and 2(v) of the writ application.

As prayed for, learned counsel for the petitioner is permitted to make necessary correction during course of the day. Heard learned counsel for the petitioner and learned Counsel for the State.

The petitioner is owner of Alto Car and prays for provisional release of his vehicle bearing Registration No.

2/4 BR24K9058 which has been seized in connection with Risiop P.S. Case No. 62 of 2017 for the offences punishable under Section 30(a) and 38 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 under the open sky in the police station. The seizure list reflects the seizure of 156 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 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

3/4 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 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 submission of the one surety along with a 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

4/4 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) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.8.19 Transmission Date NA