Pushpa Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23437 of 2018 ====================================================== Pushpa Kumari, Wife of Ram Krishna Singh, Resident of Village- Karanchi, P.S.- Bithan, District- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna 2.
The District Magistrate, Khagaria.
3.
The Superintendent of Police, Khagaria.
4.
The S.H.O. Sabaur Police Station, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Adv.
For the Respondent/s :
Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 26-04-2019 Mr. Ram Sumiran Rai, learned counsel appearing for the petitioner on instruction submits that no confiscation proceeding is yet initiated and thus seeks leave to make correction in the statement made in paragraph 14 of the writ petition. He is accordingly permitted to do so during the course of the day in the Court's pleadings as well as in the pleadings of the other side. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Pulsar Motorcycle bearing registration No. BR34K-4623, which has been seized in connection with Morkahi P.S. Cse No.110 of 2018
Patna High Court CWJC No.23437 of 2018 dt.26-04-2019 2/3 District Khagaria for the offences punishable under section 30 of the Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner that 4.875 litres of Indian Made Foreign Liquor 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 motorcycle and 4.875 litres of Indian Made Foreign Liquor.
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 with respect to vehicle in question in his name before the designated court below with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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 further.
(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 designated court below wherein the photograph
Patna High Court CWJC No.23437 of 2018 dt.26-04-2019 3/3 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 submission of the sureties and the undertakings as stated above, which would however be subject to initiation and finalization of the confiscation proceeding, if any. With the observations above, this writ petition is allowed.
(Jyoti Saran, J) ( Anjani Kumar Sharan, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.05.2019 Transmission Date NA