Manish Manjul @ Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21442 of 2021 ====================================================== Manish Manjul @ Manish Singh, Son of Deepak Kumar Singh, resident of Raghu Babu Thakur Baari Campus, Gola Ghat, Naya Bazar, Police Station - Tatarpur, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Excise Department, Government of Bihar, Patna. 3.

The Collector, Bhagalpur.

4.

The Superintendent of Police, Bhagalpur.

5.

The Officer-in-charge, Sabour Police Station, Bhagalpur. 6.

The Investigating Officer, Sabour, Sabour P.S. Case No. 291 of 2021. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 01-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

Patna High Court CWJC No.21442 of 2021 dt.01-04-2022 2/3 Allegation is recovery of 600 ml. of illicit wine from the seized car of the petitioner.

Petitioner claims to be the owner of the seized vehicle.

It is further submitted that a meagre quantity of 600 ml. of liquor has been recovered from the vehicle, as such, it cannot be construed that the vehicle was used for transporting/carrying illicit liquor.

In the facts and circumstances of the case, the District Magistrate/Confiscating Officer, Bhagalpur is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle seized by the police in excise case on production of ownership and registration papers with respect to vehicle in question in his name with two sureties (one local) 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 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. (ii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

Patna High Court CWJC No.21442 of 2021 dt.01-04-2022 3/3 (iii)Prior to release of the vehicle, a Panchanama would be prepared wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama.

The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above, which would however be subject to finalization of the confiscation proceeding.

In view of amendment in the Excise Act, and same being applicable in pending cases, it shall be open for the petitioner to get his/her vehicle released after making payment of penalty in terms of Rule 12(A) inserted by amending Bihar Prohibition and Excise Rules, 2021.

With said observation and direction, this writ petition is disposed of.

(Sanjay Karol, CJ) Sanjay/- ( S. Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 12.04.2022 Transmission Date NA