Mit Narayan Yadav@Mit Naran Yadav v. The State Of Bihar Through The Chief Secretary, Government Of Bihar,Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1423 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PURNIA =========================================================== MIT NARAYAN YADAV @ MIT NARAN YADAV, S/o Nagina Yadav, Resident of Village - Bangraura, P.S. - Baisi, District - Purnea .... .... Petitioner

Versus

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

2. The District Magistrate-cum-Collector, Purnea

3. The Excise Superintendent, Purnea .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Praveen Kumar, Advocate For the Respondents : Mr. Kumar Manish =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-09-2017 Heard learned counsels for the parties.

This writ application is directed against the order dated 19.05.2017 passed by the District Magistrate-cum-Collector, Purnea in connection with Excise Case No. 19 of 2017, Annexure-2 whereby the Collector has refused to release the seized Taxi bearing registration no. BR11M-2965. The said vehicle was seized in connection with Case No. C1-592/16 registered under the Bihar Prohibition and Excise Act, 2016. The Collector has confiscated the said vehicle. Submission of the learned counsel for the petitioner is that the issue whether the Executive Authority can exercise the power of confiscation, which is exercisable by a Judicial Authority, is under subjudice in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.). Hence, the operation of the impugned order be stayed and the vehicle be released, by way of ad interim custody, in favour of the

Patna High Court Cr. WJC No.1423 of 2017 dt.07-09-2017 2 /2 petitioner as no purpose is going to be served by continued detention. I find substance in the submission aforesaid, hence, proceeding of the confiscation case aforesaid including the operation of impugned order is directed to remain in abeyance till disposal of the above referred L.P.A. The proceeding shall be subject to the result of the L.P.A. aforesaid.

Since, no purpose is going to be served by keeping the Taxi in seizure, let the same be released in favour of the petitioner, who claims to be owner thereof, by way of ad interim custody on execution of surety bond of Rs.4,00,000/- (rupees four lakhs) (not in the form of bank guarantee or cash) along with two sureties of the like amount with condition that the petitioner shall not dispose of the same without permission of the Court and shall produce the vehicle as and when required by the Court.

With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.09.2017 Transmission Date 09.09.2017