Bindu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 18854 of 2019 ====================================================== Bindu Devi aged about 43 years (Female) Wife of Sanjay Prasad R/o VillageMohan Bigha, Adarsh Nagar, P.S. Dehari-on-Sone, District Rohtas at Sasaram ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna 2.
The District Magistrate-cum-Collector Rohtas at Sasaram 3.
The Assistant Excise Commissioner Rohtas at Sasaram 4.
The Superintendent of Excise Rohtas at Sasaram 5.
The Superintendent of Police Rohtas at Sasaram 6.
The Vehicle Inspector Rohtas at Sasaram ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Respondent/s :
Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.
The petitioner seeks release of her motorcycle i.e. TVS Apache, bearing Registration No. BR24X-1106, which was seized in connection with Dehri (Dalmianagar O.P.) Police Station Case No. 448 of 2019 registered for the offence punishable under
Patna High Court CWJC No.18854 of 2019 dt.16-12-2019 2/3 Sections 30(a), 38(i)(ii), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016.
On being asked, learned counsel of the State submits that he is not in a position to say as to whether confiscation proceeding has been initiated or not and therefore he will seek a report from the concerned District Collector about the initiation of confiscation proceeding.
In view of the aforesaid submission as well as in the facts and circumstances of the case, this writ application stands disposed of with a direction to the concerned Court to seek a report from the District Collector about initiation of confiscation proceeding in respect of seized vehicle in connection with Dehri (Dalmianagar O.P) Police Station Case No. 448 of 2019 within a period of two weeks from the date of receipt/production of a copy of this order and if the report of the concerned District Collector reflects that the confiscation proceeding has already been initiated, in that event, the concerned court shall not release the seized vehicle in favour of the petitioner, but if the report of the District Collector reveals that the confiscation proceedings has not been initiated as yet in respect of seized vehicle, the concerned Court shall release the seized vehicle provisionally in favour of the petitioner on production of ownership and registration papers with
Patna High Court CWJC No.18854 of 2019 dt.16-12-2019 3/3 respect to the vehicle in question before the court below on the execution of bond of Rs.50,000/- within two weeks from the date of receipt of report of District Magistrate, with the condition that the petitioner shall not transfer or alienate the said vehicle without prior permission of the concerned Court and shall produce the aforesaid vehicle whenever and wherever it is required by the Court till final disposal of the confiscation proceedings. Furthermore, it is made clear that if the confiscation proceeding has been initiated in respect of the seized vehicle, the concerned District Collector shall initiate the confiscation proceedings and conclude the same within 60 days from the date of receipt/production of a copy of this order. Writ petition stands disposed of with the aforesaid directions.
(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) anay/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.12.2019 Transmission Date N/A