Sakilu Rahman @ Sakilu v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5840 of 2018 ====================================================== Sakilu Rahman @ Sakilu, Son of Mokim Miyan, Resident of VillageSemrahia, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Dept., Bihar, Patna.
2. The District Magistrate, Motihari, East Champaran.
3. The Superintendent of Police, Motihari East Champaran.
4. The Deputy Superintendent of Police, Motihari, East Champaran.
5. The Officer In-charge, Motihari, Town Police Station, Motihari, East Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.III For the Respondent/s :
Mr. Anil Kr.Sinha-Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 10-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed seeking provisional release of the vehicle (Passion Pro Motorcycle) bearing Registration No. BR05N-6716, seized in connection with Motihari Town P. S. Case No. 732 of 2017 dated 16.10.2017 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. It has been stated that from the vehicles in question 900 ml. liters illicit liquor have been recovered. It is submitted that no confiscation proceeding for the vehicles 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.5840 of 2018(2) dt.10-12-2018 2/3 to remain there for any longer time, the whole motorcycle 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.
In the given facts and circumstances where no confiscation proceeding is presently pending, 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 court below 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.
(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 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 court below wherein the photograph of the vehicle
Patna High Court CWJC No.5840 of 2018(2) dt.10-12-2018 3/3 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 T