Sudhir Sharma @ Sudhir v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18675 of 2018 ====================================================== Sudhir Sharma @ Sudhir S/o Ranvir Sharma @ Sh. Rajbir, Resident of Village-Kural, P.S. Loharu, Distirct-Bhiwani (Hariayana) ... ... Petitioner/s

Versus

1.

The State Of Bihar through Commissioner, Department of Excise, Government of Bihar, Patna 2.

The District Magistrate Cum District Collector, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Respondent/s :

Mr.Vivek Prasad -GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-04-2019 Heard learned counsel for the petitioner and learned Counsel for the State.

The petitioner prays for provisional release of Mahindra and Mahindra Goods Carrier bearing Temporary Registration No. HR/61/TMP/2018/315, Engine No. TBJ4D65750, Chasis No. MA1ZP2TBKJ2D73842, which has been seized in connection with Manjhi P.S. Case No. 120 of 2018 for the offences punishable under Sections 467, 468, 471, 188, 420, 413, 414 of the Indian Penal Code and sections 30, 30(A), 38 of the Bihar Prohibition and Excise Act.

2/4 It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 1227.240 liters of I.M.F.L. 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 pending, 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 District Magistrate-cum-Collector, Saran at Chapra (respondent no.

2 )with one local surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, 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, the District Magistrate-cum-Collector, Saran at Chapra (respondent no. 2) would got prepared a Panchanama 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 local surety along with the bank

4/4 guarantee to the extent of the value of the vehicle as indicated in the insurance document and the undertakings as stated above. This release of the vehicle would, however, be subject to the finalization of the confiscation proceeding. The title deed papers, if produced, shall remain in safe custody of the confiscating authority subject to final decision in the confiscation proceeding.

With the observations and directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.04.2019 Transmission Date NA