Prem Kumar Parvat @ Prem Kumar v. The State Of Of Bihar, Through The Principal Secretary, Excise Department, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2262 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ =========================================================== Prem Kumar Parvat @ Prem Kumar, Son of Rajendra Parvat, Resident of VillageChhap Mathia, P.S.- Mirganj, District- Gopalganj. .... .... Petitioner

Versus

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

2. The District Magistrate-cum-Collector, Gopalganj.

3. The Officer-in-Charge, Mirganj Police Station, District- Gopalganj. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Prasad Sinha, Adv. For the Respondent/s : Mr. Vivek Prasad,G.P.-7. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-11-2017 Heard learned counsel for the parties.

2. Renault Kwid Car of this petitioner bearing Engine No. B4AA400 E119809, Chassis No.MEEBBA002GA428830 was seized in connection with Mirganj P.S. Case No. 08 of 2017 for alleged violation of the Bihar Excise Laws.

3. 135 bottles of country made liquor was allegedly recovered therefrom. Subsequently, Confiscation (Excise) Case No. 280 of 2017 has been initiated by the Collector, Gopalganj for confiscation of the aforesaid vehicle.

4. The present writ application has been filed for interim release of the vehicle and quashing the notice dated 26.08.2017 whereby the Collector, Gopalganj has asked

Patna High Court Cr. WJC No.2262 of 2017 dt.28-11-2017 the petitioner to show case as to why the vehicle be not confiscated.

5. Submission of the learned counsel for the petitioner is that the power of confiscation exercised by the Executive Authority which is exercisable by a Judicial Authority is under challenge before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Moreover, confiscation of the vehicle prior to recording a finding of guilt would amount to pre-trial punishment which cannot be permitted under the law. Till adjudication of the aforesaid issue, interim release of the vehicle may be ordered in favour of the petitioner on any appropriate condition.

6. Learned counsel for the respondents opposed the prayer. However does not dispute the pendency of the aforesaid issue.

7. Considering the pendency of the aforesaid issue under consideration, let the referred vehicle be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.3,50,000/-(Three Lacs and Fifty Thousand) or document of immovable property standing in the name of the petitioner, with further condition that the petitioner shall not dispose of the said vehicle or put under

Patna High Court Cr. WJC No.2262 of 2017 dt.28-11-2017 encumbrance without permission of the Collector concerned.

8. The operation of confiscation proceeding, if any, pending or order of confiscation, if any, found in respect of the said vehicle shall remain in abeyance till disposal of the L.P.A. aforesaid and the same shall be subject to the final result of the L.P.A.

9. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date29.11.2017 Transmission Date 29.11.2017