Sonam Kumari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12751 of 2019 ====================================================== Sonam Kumari Pandey Daughter of Shambhu Sharan Pandey Resident of Vill.- Targir, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Bihar, Prohibition and Excise Department, Bihar, Patna.

2.

The Excise Commissioner Bihar, Prohibition and Excise Department, Bihar, Patna.

3.

The Excise Officer Bihar, Prohibition and Excise Department, at Nawada. 4.

The District Magistrate Nawada.

5.

The Superintendent of Police Station Nerhet, District Nawada. 6.

The Officer Incharge of Nerhut Police Station Nerhet District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 29-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is owner of Honda Shine Motorcycle and prays for provisional release of his vehicle bearing registration No. BR27J1797, which has been seized in connection with Narhat P.S Case No. 335 of 2018 for the offences punishable under sections 30(a) and 37(b) (c) of the Bihar Prohibition and Excise Act, 2016. It is stated by learned counsel for the petitioner that 40 litres of country liquor has been seized; confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the

Patna High Court CWJC No.12751 of 2019 dt.29-08-2019 2/3 police station. The seizure list supports the seizure of the motorcycle and 40 litres of country liquor.

Having 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 her name before the designated court below with two sureties 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.12751 of 2019 dt.29-08-2019 3/3 (iv) Prior to release of the vehicle, a Panchanama would be prepared by the designated 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.

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 initiation and finalization of the confiscation proceeding, if any. With the observations above, this writ petition is allowed.

(Shivaji Pandey, J) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.09.2019 Transmission Date NA