Sanjeet Ray v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16645 of 2018 ====================================================== Sanjeet Ray, Son of Sri Ramchandra Ray, Resident of Village- Dhubauli SubP.O.- Godanpatti, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. The Collector-cum-District Magistrate, Muzaffarpur.
3. The Superintendent of Police, Muzaffarpur.
4. The Superintendent of Excise, Muzaffarpur.
5. The Officer-In-charge, Gaighat Police Station, Muzaffarpur. ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhusudan Kumar For the Respondent/s :
Mr. Kumar Manish - SC5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 28-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.
The petitioner prays for provisional release of the TVS Apache RTR 160 (BSIV) bearing Registration No. BR06BP4942, Chassis No. MD634BE45J2C04867 Engine No. BE4CJ2904936, which has been seized in connection with Gaighat P.S. Case No. 163 of 2018 for the offences punishable under Sections 413, 443, 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act. It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is
Patna High Court CWJC No.16645 of 2018 dt.28-01-2019 2/3 lying under the open sky in the police station. The seizure list reflects the seizure of 19.875 I.M.F.L.
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 yet to be initiated, 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 Court below 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 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.
Patna High Court CWJC No.16645 of 2018 dt.28-01-2019 3/3 (iv) Prior to release of the vehicle, a Panchanama would be prepared by the 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.
Subject to the above conditions, following the view expressed by the Hon'ble Divison Bench of this Court and in tune with that, we dispose of this application. 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. This would, however, be subject to initiation and finalization of the confiscation proceeding, if any.
With the observations above, this writ petition is allowed.
(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/Nasimul AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.02.2019 Transmission Date N/A