Md. Niyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20140 of 2019 ====================================================== Md. Niyaz Ansari, aged about 53 years, Male, Son of Late Abdul Ghani, Resident of Village-Boragarh Staff Colony, P.S.-Khandih, District-Dhanbad ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise Registration and Prohibition, Govt. of Bihar, Patna 2.

The Collector of Gaya 3.

The Superintendent of Police, Gaya 4.

The Sub Inspector of Excise Police Station, Dobhi Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Respondent/s :

Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 17-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner prays for provisional release of the Indigo Car bearing Registration No.JH10AT2094, which has been seized in connection with Excise Case No. 379 of 2019 for the offences punishable under Sections 30 (a) and 56(B) of the Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 43.92 liters of IMFL and 48 liters of beer. Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the

Patna High Court CWJC No.20140 of 2019 dt.17-12-2019 2/3 confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the designated Court below with one surety (local) along with a Bank Guarantee proportionate to the value of the vehicle looking to the age as indicated in the insurance document. The petitioner would renewed the Bank Guarantee before its expiry, failing which the money would be transferred to the State. The petitioner while submitting the surety and the bank guarantee as the case may be, 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, if any, 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 Panchanama would be got prepared by the designated Court below, 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

Patna High Court CWJC No.20140 of 2019 dt.17-12-2019 3/3 required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

The release shall be allowed within a period of 14 days from the date of production of ownership/registration papers supporting the claim of the petitioner together with one surety (local) along with the bank guarantee proportionate to the value of the vehicle looking to the age as indicated in the insurance document and the undertakings as stated above. This release of the vehicle would, however, be subject to initiation and finalization of the confiscation proceeding.

As the petitioner has been made accused in the present case, the vehicle shall be released subject to condition the petitioner obtains bail in the aforesaid criminal case.

With the observations/directions above, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21-12-2019 Transmission Date