Amrendra Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18891 of 2019 ====================================================== Amrendra Kumar Sharma aged about 41 years, Male, Son of Surendra Kumar Sharma Resident of Village- Hariharpur, P.S.- Dariyapur, District- Saran at Chapra.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of registration, Excise and Prohibition, Government of Bihar, Patna. 2.
The Inspector General of Excise Government of Bihar, Patna. 3.
The Collector-cum- District Magistrate Saran at Chapra. 4.
The Superintendent of Police Saran at Chapra. 5.
The Station House Officer Sonepur Police Station, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udai Shankar Singh 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 4-wheeler i.e. Maruti Dzire VXI, bearing Registration No. BR31AE-6911, which was seized in connection with Sonepur Police Station Case No. 445 of 2019 registered for the offence punishable under Sections 30(A)/37(B)/(C) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.18891 of 2019 dt.16-12-2019 2/3 On being asked, the learned counsel of the State submits that he is not in a position to say as to whether confiscation proceeding has been initiated or not 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 Sonepur Police Station Case No.
445 of 2019 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 production of ownership and registration papers with respect to the vehicle in question before the court below on the execution of bond of Rs.
Patna High Court CWJC No.18891 of 2019 dt.16-12-2019 3/3 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 23.12.2019 Transmission Date N/A