Mohd Sajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19848 of 2019 ====================================================== Mohd Sajid S/o Aas Mohammad, R/o 1111, Kungar Patti, Sujdoo (Sujroo), P.S.-Kotwali Muzaffarnagar.(U.P.) ... ... Petitioner/s

Versus

1.

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

The District Magistrate-Cum-Collector, Saran at Chapra, 3.

The Excise Commissioner, Bihar, Patna.

4.

The Superintendent of Excise, Saran at Chapra, 5.

The Superintendent of Police, Saran at Chapra, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Respondent/s :

Mr.Vivek Prasad ( GP7) ====================================================== 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 appearing on behalf of the State.

The petitioner prays for provisional release of the Truck bearing registration No. UK17CA0730, which has been seized in connection with Rasulpur P.S. Case No. 93 of 2019 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

2/4 It is stated by learned counsel for the petitioner that 3818.880 litres of IMFL has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the Truck and 3818.880 litres of IMFL.

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 on production of ownership and registration papers with respect to vehicle in question before the designated court below with one surety alongwith a Bank Guarantee to the extent of the value of the vehicle as indicated in the insurance document. The Bank Guarantee would be renewed before its expiry, failing which the money would be transferred to the State. The release of the vehicle will also be subject to grant of bail to the petitioner in connection with the aforesaid criminal case.

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.

3/4 (ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

(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 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 alongwith the Bank Guarantee to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above.

This release would, however, be subject to initiation and finalization of the confiscation proceeding. The relevant papers

4/4 shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings. With the observations above, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 21.12.2019 Transmission Date N.A.