Pradip Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18768 of 2019 ====================================================== Pradip Kumar Pathak aged about 33 years, Gender Male, S/o Umashankar Pathak Resident of Village- Maricha, P.S.- Garkha, Distt.- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna 2.

The Director General of Police Bihar, Patna 3.

The Inspector General of Police Tirhut Range at Muzaffarpur 4.

The Deputy Inspector General of Police Saran at Chapra 5.

The District Magistrate Saran 6.

The Superintendent of Police Saran 7.

The Station House Officer Garkha Police Station, Distt.- Siwan 8.

Sri Nagendra Prasad A.S.I. of Garkha Police Station, Distt.- Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Sanjana 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 Pick-up van, bearing Registration No. BR04N-3076, which was seized in connection with Garkha Police Station Case No. 389 of 2018 registered for the

Patna High Court CWJC No.18768 of 2019 dt.16-12-2019 2/3 offence punishable under the provisions of Indian Penal Code as well as the Bihar Prohibition and Excise Act, 2016. It is submitted on behalf of the petitioner that confiscation proceeding has not been initiated, but 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 Garkha Police Station Case No. 389 of 2018 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

Patna High Court CWJC No.18768 of 2019 dt.16-12-2019 3/3 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. 5,00,000/- 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