Niraj Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19786 of 2019 ====================================================== Niraj Kumar, Son of Ajay Singh, resident of Ekarha Chewara, P.S. Chewara, District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

3.

District Magistrate, Araria.

4.

Superintendent of Excise, Araria.

5.

Sub Inspector, Prohibition and Excise, Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 16-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner prays for provisional release of a 'Scorpio' vehicle bearing Registration No.BR52P0337, Engine No.TDG4K87429, Chassis No.MA1TA2TDKG2K40147, which has been seized in connection with Araria Sadar Circle Excise Case No. 37/2019 for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is stated by learned counsel for the petitioner that

2/4 the petitioner has been made accused and in the confiscation proceeding, no notice has been issued till date and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 264 litres beer.

Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner, who is owner of vehicle, subject to grant of bail, on production of ownership and registration with respect to vehicle in question in his name before the Court below with one surety along with a Bank Guarantee proportionate to the value of vehicle corresponding to its age inasmuch as the Bank Guarantee would be renewed fairly which money would be transferred to the State. The petitioner while submitting the surety and the bank guarantee shall also furnish the following affidavits / undertakings:

(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during

3/4 the pendency of the confiscation proceeding, if any, and shall not alienate the vehicle during this period as well as will not change the feature of vehicle in any manner.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the Court below, wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future, if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking, not to challenge the said Panchanama in course of trial.

The release shall be allowed within a period of 14 days from the date of production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release of the vehicle would, however, be subject to initiation and finalisation of the confiscation proceeding and also subject to grant of bail. The owner book shall remain in safe custody of the Court below

4/4 subject to final decision in the confiscation proceedings. With the above observation and directions, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) Mahesh/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.01.2020 Transmission Date N/A