Firoj Ahamad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14875 of 2018 ====================================================== Firoj Ahamad S/o Shekh Islam R/o Vill Sankar Sariya Bankatwa P.S. Turkawalia Dist. E.Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Registration, Excise and Prohibition, Govt.of Bihar, Patna.
2. The District Magistrate, East Champaran at Motihari.
3. The Police Superintendent East Champaran, Motihari,
4. The S.H.O. Turkawalia E.champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2 For the Respondent/s :
Mr. Vivek Prasad -Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 19-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed seeking provisional release of the vehicle (Bolero Pick Bhan) bearing Registration No. BR05GA9851, Chassis No.MA1ZN2TBKH1G57347, Engine No. TBH1G72249 seized in connection with Turkawalia P.S. Case No. 417 of 2018 registered under Sections 30(a), 38 (1) and 41 (1) of the Bihar Prohibition & Excise Act, 2016 and Sections 372, 373/34 of the I.P.C. It has been stated that from the vehicles in question 1200 liters illicit spirit have been recovered. It is submitted that no confiscation proceeding for the vehicles in question is pending. Learned counsel for the petitioner submits that the vehicle
Patna High Court CWJC No.14875 of 2018(3) dt.19-12-2018 2/3 is lying under open sky under the Police Station and if it is allowed to remain there for any longer time, the whole vehicle will become a junk and if release is not allowed, the State is not going to gain anyway in confiscation proceeding. Learned counsel submits that the petitioner is willing to provide such surety and undertakings which may be required to protect the interest of the State during the pendency of the confiscation.
In the given facts and circumstances where no confiscation proceeding is presently pending, let the vehicle in question be released provisionally in favour of the petitioner on the petitioner's producing the document of ownership and registration in his name before the court below with bank guarantee with one surety 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 future. (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 Panchnama would be
Patna High Court CWJC No.14875 of 2018(3) dt.19-12-2018 3/3 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 undertake not to challenge the said Panchanama in course of trial. Subject to the above conditions, following the views expressed by the Hon'ble Division Bench of this Court and in tune with that, we dispose of this application.
The release shall be allowed within a period of 7 days from the date of submission of the surety bond and the undertakings as stated above. This would, however, be subject to initiation and finalization of the confiscation proceeding if any. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) Avin/R.R.Ojha U