Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18481 of 2019 ====================================================== Jitendra Kumar Son of Ramji Yadav @ Ramjee Yadav, Resident of VillageBajitpur (Bazidpur), Police Station- Belaganj, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.
2.
The District Magistrate, Jehanabad.
3.
The Superintendent of Police, Jehanabad.
4.
The S.H.O., Makhdumpur Police Station, District- Jehanabad. 5.
The Investigating Officer, A.S.I., Vijay Prasad Singh, Makhdumpur Police Station, District- Jehanabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar For the Respondent/s :
Mr.Vikash Kumar (Sc11) ====================================================== 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 Mahindra Xylo Jeep bearing registration no. BR 02S 3632 which was seized in connection with Makhdumpur Police Station Case No. 261 of 2019 registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act, 2016.
It is submitted on behalf of the petitioner that the confiscation proceedings has not been initiated as yet but the
Patna High Court CWJC No.18481 of 2019 dt.16-12-2019 2/3 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 proceedings and therefore he will seek the 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 Makhdumpur Police Station Case No. 261 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
Patna High Court CWJC No.18481 of 2019 dt.16-12-2019 3/3 of bond of Rs.5 lacs 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 proceedings has already been initiated in respect of the seized vehicle, the concerned District Collector shall 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) shashi/- AFR/NAFR NA CAV DATE NA Uploading Date 19.12.2019 Transmission Date