Umesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18559 of 2019 ====================================================== Umesh Kumar Singh Son of Janeshwar Singh Resident of Village-Parsa, Post Office-Karma Bhagwan, Police Station-Aurangabad Mufassil, DistrictAurangabad. ... Petitioner
Versus
1.
The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.
2.
The District Magistrate, Rohtas at Sasaram.
3.
The Superintendent of Police, Rohtas at Dehri-on-Sone. 4.
The District Excise Officer, Rohtas at Sasaram. 5.
The S.H.O., Kargahar Police Station, District-Rohtas. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh 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 Maruti Suzuki bearing registration no. BR 2K 9861 which was seized in connection with Kargahar Police Station Case No. 156 of 2015 registered for the offence punishable under section 47A of the Excise Act.
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.18559 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 Kargahar Police Station Case No. 156 of 2015 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.18559 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