Md. Sufiyan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1798 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BHOJPUR ===========================================================
1. Md. Sufiyan, Son of Md. Abul Khair, Resident of 79, Dhahara, P.O. & P.S.- Town Ara, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate, Bhojpur, Ara.
3. The District Superintendent, Excise, Bhojpur, Ara. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Shakib Ayaz, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 22-11-2017 Heard learned counsel for the petitioner and the State.
2. Commercial quantity of liquor was recovered from the Auto Rickshaw of the petitioner bearing registration No.BR-03PA 2447 and Koilwar P.S. Case No.255 of 2016 was registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Subsequently, Misc. Appeal (Excise) No.10 of 2016 was initiated for confiscation of the aforesaid Autorickshaw and by orders dated 05.05.2017 and 18.08.2017 contained in Annexure-3 series the said vehicle was confiscated.
3. The present writ application has been filed challenging the confiscation order on the ground that pre-trial confiscation is bad-in-law and the aforesaid issue is under consideration before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. Hence, till adjudication of the aforesaid issue the operation of the impugned order be stayed and
Patna High Court Cr. WJC No.1798 of 2017 dt.22-11-2017 P2/ interim release of the vehicle be ordered as no purpose is going to be served by its continued detention in police lockup.
4. After hearing the parties and finding substance in the submission aforesaid regarding pendency of the issue before a larger Bench as to whether the executive authority can confiscate the seized vehicle before proof of guilt, the operation of the impugned order is stayed till adjudication of the aforesaid issue in the L.P.A. aforesaid and shall be subject to the result of the L.P.A. aforesaid.
5. Since commercial quantity of liquor was recovered from the vehicle of the petitioner, let the same be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.1,00,000/- (One Lac) to the satisfaction of the learned Court-below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.
7. With the aforesaid observation, this writ application stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date25.11.2017 Transmission Date 25.11.2017