Md. Arsad v. The State Of Bihar Through Principal Secretary, Excise Act Deptt. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1896 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- ARRARIA ===========================================================
1. Md. Arsad S/o- Md. Abid, Resident of Village- Kasaila, P.S. Araria (Madanpur O.P.), District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Act Department
2. The District Magistrate (Collector), Araria.
3. The Superintendent of Police, Araria.
4. The Station House Officer (S.H.O.) Tarabari P.S., District- Araria. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Md. Naushad Uzzoha, Advocate For the Respondent/s : Mr. Amaresh Kumar Sinha, GA-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-11-2017 Heard learned counsel for the petitioner and the State.
2. Fifty bottles of Nepali liquor was recovered from the Auto Rickshaw of the petitioner bearing registration No.BR-11PA 4884 and Tarabari P.S. Case No.56 of 2017 was registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Subsequently, Confiscation Case No.76 of 2017-18 was initiated for confiscation of the aforesaid Autorickshaw and by order dated 11.08.2017 contained in Annexure-8 the said vehicle was confiscated.
Patna High Court Cr. WJC No.1896 of 2017 dt.02-11-2017 P/2
3. The present writ application has been filed challenging the confiscation order on the ground that pre-trial confiscation is bad-in-law and the aforesaid issue is under consideration before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Hence, till adjudication of the aforesaid issue the operation of the impugned order be stayed and interim release of the vehicle be ordered as no purpose is going to be served by its continued detention in police lockup.
4. After hearing the parties and finding substance in the submission aforesaid regarding pendency of the issue before a larger Bench as to whether the executive authority can confiscate the seized vehicle before proof of guilt, the operation of the impugned order is stayed till adjudication of the aforesaid issue in the L.P.A. aforesaid and shall be subject to the result of the L.P.A. aforesaid.
5. Since commercial quantity of liquor was recovered from the vehicle of the petitioner, let the same be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.1,00,000/- (One Lac) 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.
Patna High Court Cr. WJC No.1896 of 2017 dt.02-11-2017 P/3
7. With the aforesaid observation, this writ application stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.11.2017 Transmission Date 06.11.2017