Hari Kant Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2295 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- JAMUI ===========================================================
1. Hari Kant Rai, S/o Ram Swarth Rai, R/o Vill- Gospur-Rajaura, P.S.- Begusarai Muffasil, Dist- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
2. The District Magistrate, Jamui.
3. The Superintendent of Excise Department, Jamui.
4. The Officer in Charge-Sono Police Station, Jamui. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-11-2017 Heard learned counsel for the petitioner and the State.
2. Commercial quantity of foreign liquor was recovered from the Bolero GLX of the petitioner bearing registration No.BR09H/6951 and Sono P.S. Case No.191 of 2017 was registered under Sections 279/337/338/272/273 of the Indian Penal Code and Section 30(a)/41/47 of the Bihar Prohibition and Excise Act, 2016.
3. Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. In the
Patna High Court Cr. WJC No.2295 of 2017 dt.28-11-2017 P2/ circumstances, till pendency of the L.P.A. aforesaid, the vehicle, in question, be released in favour of the petitioner as no purpose is going to be served by its continued detention in police lockup.
4. Finding substance in the submission aforesaid, let the referred vehicle be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.7,00,000/- (Seven Lacs) or sale deed of immovable property of equal value standing in the name of the petitioner to the satisfaction of the learned Court-below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as and when required by the Court. The release shall be subject to the result of the L.P.A. aforesaid.
5. With the aforesaid observation, this writ application stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date29.11.2017 Transmission Date 29.11.2017