Satish Kumar Kamat @ Satish Kumar Kamati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18754 of 2019 ====================================================== Satish Kumar Kamat @ Satish Kumar Kamati aged about 23 years, male, Son of Bholeshwar Kamat @ Bholeshwar Kamat, Resident of Village-Lalmaniya, P.S.-Laukaha, District-Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Prohibition Excise, and Registration Department, Govt. of Bihar, Patna.
3.
The Excise Commissioner, Prohibition and Registration Department, Govt. of Bihar, Patna.
4.
The Collector, Madhubani.
5.
The District Transport Officer, Madhubani.
6.
The Excise Superintendent Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Respondent/s :
Mr.Vivek Prasad (Gp7) ====================================================== 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 his motorcycle i.e. Hero Passion Pro, bearing Registration No. BR32M-2007, which was seized in connection with Khutauna Police Station Case No. 79 of 2017 registered for the offence punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.18754 of 2019 dt.16-12-2019 2/3 It is submitted on behalf of the petitioner that only proposal has been sent for initiation of confiscation proceeding, but petitioner is not aware whether it has been initiated or not. Similarly, the learned counsel of the State submits that he is not in a position to confirm the contention of the petitioner regarding initiation of the confiscation proceeding 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 Khutauna Police Station Case No. 79 of 2017 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
Patna High Court CWJC No.18754 of 2019 dt.16-12-2019 3/3 production of ownership and registration papers with 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 06.01.2020 Transmission Date N/A