Jagdish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10710 of 2019 ====================================================== Jagdish, Son of Randheer, Resident of 335, Ward No.8, NA. Tajnagar (30), Patil R.S. Police Station- Farrukhnagar, District- Gurgaon, (Haryana). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== 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.

The petitioner prays for provisional release of the Truck bearing registration No. HR55X-7896, Engine No. GEHZ405353 and Chasis No. MB1A2GAD8GREN6600, which has been seized in connection with Kuchaikot P.S. Case No.392 of 2018 District Gopalganj for the offences punishable under section 420, 467, 468 and 414 of the Indian Penal Code and sections 30(a), (b), (c), 38, 41(a) and (b) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.10710 of 2019 dt.08-08-2019 2/2 It is stated by learned counsel for the petitioner that 3456.720 litres of India Made Foreign Liquor has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. Considering the quantum of recovery we are not persuaded to grant indulgence to the prayer for interim release of the vehicle in question. The petitioner may raise all issues as raised in this writ petition during the course of confiscation proceeding. The writ petition is dismissed.

(Jyoti Saran, J) ( Partha Sarthy, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2019 Transmission Date NA