Arun Kumar, v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 479 of 2021 ====================================================== Arun Kumar, Son of Ramjee Tiwari Residence of Village-Sonauli, Saran, P.S.-Mashrak, District-Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Collector, Saran at Chapra.

4.

The Superintendent of Police, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navjot Yeshu, Advocate For the Respondent/s :

Mr. Vivek Prasad, G.P. 7 ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 12-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):- "That this is application for issuance of an appropriate writ(s), order (s) or direction(s) for quashing of the order dated 27.08.2020 passed by Ld. 2nd Additional Sessions Judge-cumSpecial Judge (Excise), Saran in Khaira P.S. Case No. 55 of 2020 whereby and whereunder the petition of the petitioner dated 22.05.2020 has arbitrarily and illegally rejected.

And further for issuance of appropriate writ or writs commanding the respondent

2/4 authorities to release the Hero Honda Splendor Motorcycle bearing Registration No. BR01CA0122 Chassis No. MBLHA10A3EHC12147, Engine No. HA10ELEHC35722, belonging to the petitioner forthwith, which was seized by the police in connection with Khaira P.S. Case No. 55/2020, instituted for the offences under Section 30, 30(a) & 45 of the Bihar Prohibition and Excise Act 2016 pending in the court of Special Judge, Saran at Chhapra.

And, for grant of any other relief or reliefs for which the petitioner is found entitled to." It is submitted on behalf of petitioner that he is the owner of the seized vehicle which was stolen by unknown thieves on 04.02.2020 for which he has lodged FIR giving rise to Mashrak P.S Case No. 67 of 2020 for the offence punishable under Section 379 of IPC and 21 litres of Country Made Mahua liquor was recovered from the said stolen vehicle which was seized by the police.

Petitioner claims to be owner of the seized vehicle and same was stolen on 04.02.2020 for which he had earlier instituted a case as such, petitioner cannot be held to be responsible for transportation of illicit liquor, however, since the vehicle was used for transportation of illicit liquor same is liable for confiscation and confiscation proceeding has been initiated by the District Collector, Sara at Chhapra, in which petitioner appeared and filed his show cause for dropping the

3/4 confiscation proceeding and also release of his seized vehicle but no order was passed.

In the facts and circumstances of the case, the District Magistrate/Confiscating officer, Saran at Chhapra, is directed to provisionally release the vehicle of petitioner if District Magistrate is satisfied that the petitioner is a bonafide owner of the vehicle in question after due identification of ownership of the vehicle which was stolen and subsequently recovered and seized by the police in excise case on production of ownership and registration papers with respect to vehicle in question in his name with two sureties (one local) to the extent of the value of the vehicle as indicated in the insurance document.

The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings: (i) 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.

(ii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating

4/4 authority as and when required.

(iii)Prior to release of the vehicle, a Panchanama would be prepared wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and 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.

The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above, which would however be subject to finalization of the confiscation proceeding.

With said observations and direction, this writ petition is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA