Budhan Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19161 of 2019 ====================================================== Budhan Mali S/o Mosadi Mali Resident of Village- Mishraulia, P.s.- Chiraiya, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna 3.

The Collector-cum-District Magistrate East Champaran, Motihari 4.

The Superintendent of Police East Champaran, Motihari 5.

The Superintendent of Excise East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma 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 appearing for the petitioner as well as learned counsel for the State.

The petitioner seeks release of his motorcycle bearing Registration No. BR05Q1290 which was seized in connection with Motihari Muffasil P.S. Case No. 254 of 2019 under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016. It is submitted on behalf of the petitioner that the

Patna High Court CWJC No.19161 of 2019 dt.16-12-2019 2/3 confiscation proceeding has not been initiated as yet, but learned counsel for 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 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 Motihari Muffasil P.S. Case No. 254 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 proceeding 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

Patna High Court CWJC No.19161 of 2019 dt.16-12-2019 3/3 question before the court below on execution of bond of Rs. 50,000/- within two weeks from the date of receipt of report of the District Collector, with the condition that the petitioner shall not alienate or transfer 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 proceeding.

Furthermore, It is made clear that if the confiscation proceeding has already been initiated in respect of the seized vehicle, the concerned District Collector shall conclude the same within sixty 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) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2019 Transmission Date