Sanjay Kumar Sah v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 1174 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- ARRARIA =========================================================== Sanjay Kumar Sah, Son of Ganesh Prasad Sah, Resident of Tharbitiya, P.S. - Kishanpur, District - Supaul .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. The District Magistrate, Araria.
3. The Superintendent of Police, Araria.
4. The S.H.O., Jokihat Police Station, District- Araria .... .... Respondents =========================================================== Appearance :
For the Petitioner :
For the Respondents :
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 23-08-2017 Heard learned counsels for the parties.
This writ application is directed against the order dated 23.06.2017 passed by the Collector, Araria in connection with Confiscation (Excise) Case No. 30 of 2017-18 vide Annexure-3 whereby the Collector has refused to release the seized TATA 407 EX2 bearing registration no. BR-50G-4316. The said vehicle was seized in connection with Jokihat P.S. Case No. 292 of 2016 registered under Sections 272, 273/34 of the Indian Penal Code and Section 47(A)/54 of the Bihar Prohibition and Excise (Amendment) Act, 2016. The Collector has confiscated the said vehicle.
Submission of the learned counsel for the petitioner is that the issue whether the Executive Authority can exercise the power of confiscation, which is exercisable by a Judicial Authority, is under sub-
Patna High Court Cr. WJC No.1174 of 2017 dt.23-08-2017 2 /2 judice in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) and, hence, the operation of the impugned order be stayed and the vehicle be released, by way of ad interim custody, in favour of the petitioner as no purpose is going to be served by its continued detention. I find substance in the submission aforesaid, hence, proceeding of the confiscation case aforesaid including the operation of impugned order is directed to remain in abeyance till disposal of the above referred L.P.A. The proceeding shall be subject to the result of the L.P.A. aforesaid.
Since, no purpose is going to be served by keeping the TATA 407 EX2 in seizure, let the same be released in favour of the petitioner, who claims to be owner, thereof, by way of ad interim custody on execution of surety bond of Rs.12,00,000/- (rupees twelve lakhs) (not in the form of bank guarantee or cash) along with two sureties of the like amount with condition that the petitioner shall not dispose of the same without permission of the Court and shall produce the vehicle as and when required by the Court.
With the aforesaid observation, this writ application stands disposed of.
(Birendra Kumar, J) Kundan AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 25.08.2017 Transmission Date 25.08.2017