Navnit Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7472 of 2018 ====================================================== Navnit Kumar, Son of Late Ramji Prasad Singh, resident of Kanti Factory More, Mahatma Gandhi Nagar, Kankerbagh, P.S. Patrakarnagar, Patna800020. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration Excise and Prohibition, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Superintendent of Police, Patna.
4. The Station House officer, Dhanarua Police Station District- Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyabir Bharti, Advocate For the Respondent/s : Mr. Kumar Manish -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-04-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Dhanarua P.S. Case No.118 of 2018), vehicle of the petitioner (Scorpio bearing Registration No.BR01BZ-6072) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Patna. 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
Patna High Court CWJC No.7472 of 2018 (2) dt.23-04-2018 2/2 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 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) N.H./- U