Pankaj Mani Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.9672 of 2018 dt.17-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9672 of 2018 =========================================================== Pankaj Mani Singh, son of Balwant Singh, resident of village - Badoura, P.S. - Ramgarh, District - Kaimur .... .... Petitioner/s

Versus

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

2. The District Magistrate, Rohtas, Sasaram

3. The Superintendent of Police, Rohtas at Sasaram

4. The Officer-in-Charge, Kochas Police Station, District - Rohtas

5. The Police Sub-Inspector, Parsathua O.P.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Respondent/s : Mr. Vivek Prasad- GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 17-05-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Kochas (Parsathua O.P. P.S. Case No. 172 of 2016), vehicle of the petitioner (Bolero Maxi Truck bearing Registration No. BR45G-3758) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Rohtas at Sasaram. In case respondents want to take action for confiscation, they are cautioned to take note of Section 56 of the Act and shall initiate proceedings only if the confiscation proceedings can be initiated in a case like this where there is no seizure of liquor and the vehicle is not used for transportation of liquor and only the driver is found to have driven the vehicle in a

Patna High Court CWJC No.9672 of 2018 dt.17-05-2018 drunken condition. In case confiscation proceedings are initiated and finally it is found that the confiscation could not be initiated being contrary to Section 56, the petitioner shall have liberty to seek compensation to be paid by the officer concerned personally who takes action in the matter.

With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Rajeev/- AFR/NAFR CAV DATE Uploading Date 21.05.2018 Transmission Date