Mumtaj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15820 of 2018 ====================================================== Mumtaj, aged 38 years, Son of Kammu Ghosi, resident of MohallaShobhaganj, P.S. Sasaram, 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 Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3. The Collector-cum- District Magistrate, Rohtas, District- Rohtas.

4. The Superintendent of Excise, Rohtas, District- Rohtas.

5. The S.H.O., Dinara (Bhanas) Police Station, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Respondent/s :

Mr.Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed seeking provisional release of the vehicle bearing Registration No. BR24T-0373 seized in connection with Sasaram Nagar P.S. Case No. 1372 of 2016 dated 18.12.2016 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. It has been stated that from the vehicle in question 180 ml. illicit spirit have been recovered. It is submitted that confiscation proceeding for the vehicle in question is pending. Learned counsel for the petitioner submits that the vehicle is lying under open sky under the Police Station and if it is allowed

Patna High Court CWJC No.15820 of 2018(2) dt.20-12-2018 2/3 to remain there for any longer time, the whole vehicle will become a junk and if release is not allowed, the State is not going to gain anyway in confiscation proceeding. Learned counsel submits that the petitioner is willing to provide such surety and undertakings which may be required to protect the interest of the State during the pendency of the confiscation.

Learned counsel for the State is present and submits that in the given facts and circumstances of this case if at all the Court is willing to consider provisional release of the vehicle then interest of the State is required to be protected.

In the given facts and circumstances where confiscation proceeding is pending for last one year, let the vehicle in question be released provisionally in favour of the petitioner on the petitioner's producing the document of ownership and registration in his name before the Collector-cum-District Magistrate, Rohtas at Sasaram along 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

Patna High Court CWJC No.15820 of 2018(2) dt.20-12-2018 3/3 vehicle during this period.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required. (iv) Prior to release of the vehicle a Panchnama would be prepared by the Confiscating Authority 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 undertake not to challenge the said Panchanama in course of trial. Subject to the above conditions, following the views expressed by the Hon'ble Division Bench of this Court and in tune with that, we dispose of this application.

The release shall be allowed within a period of 7 days from the date of submission of the surety bond and the undertakings as stated above. This would, however, be subject to initiation and finalization of the confiscation proceeding if any. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U