Badal Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4873 of 2019 ====================================================== Badal Kumar Son of Ram Chandra Rai resident of Mohalla- Chandan Bagh, Naya Tola, P.S. Kasim Bazar, District- Munger. ... ... Petitioner/s
Versus
1.
The State of Bihar and Ors Principal Secretary, Registration, Excise and Prohibition Act. Govt. of Bihar of Patna.
2.
District Magistrate Cum Collector Lakhisarai. 3.
S.H.O. Medni Chauki P.S. and District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Adv.
For the Respondent/s :
Mr.Kumar Alok, SC5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 12-03-2019 Office objection is waived and the matter is taken up for consideration on Admission.
Leave is granted to learned counsel to make necessary correction in paragraph 1 of the writ petition. Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed seeking provisional release of the motorcycle(Hero M.F. Delux) bearing Registration No. BR08E-8013, Engine No.NA11EPH907841 Chesis No. MBLHAR050H 9D375 22 seized in connection with Medni
2/4 Chauki P.S. Case No. 11 of 2018 registered under Section 30 (a) and 38(i) of the Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner states that from the vehicle in question 15 liters illicit liquor have been recovered. It is submitted that no confiscation proceeding for the vehicle in question is pending.
Learned counsel for the petitioner submits that the vehicle is lying under open sky in the Police Station and if release is not allowed the vehicle is likely to become a junk and in such circumstance, the State is not going to gain anyway in confiscation proceeding. Learned counsel submits that the petitioner is willing to provide such surety and undertakings which may be required to protect the interest of the State during the pendency of the confiscation.
Having heard learned counsel for the parties and in the given facts and circumstances where no confiscation proceeding is presently pending, let the vehicle in question be released provisionally 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 (one local) to the extent of the value of the vehicle as indicated in
3/4 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.
(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 Panchnama would be prepared by the designated court below 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 along with the
4/4 undertakings as stated above. This release however, would be subject to the final order passed in confiscation proceeding. The writ petition is allowed.
(Jyoti Saran, J) ( Arvind Srivastava, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.03.2019 Transmission Date NA