Jogender Singh @ Yogendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15731 of 2018 ====================================================== Jogender Singh @ Yogendra Singh, Son of Deep Chand, resident of VillageJahangirpur, P.S.- Jhajjar, District- Jhajjar, Haryana, At present residing at House No. 131, Sector- 6, R.K. Puram, Sector- 5, South West Delhi, P.S.- R.K. Puram, Delhi.

... ... 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, Siwan.

3. The Assistant Excise Commissioner, Siwan.

4. The Superintendent of Excise, Siwan.

5. The Superintendent of Police, Siwan.

6. The Vehicle Inspector, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Respondent/s :

Mr.Vikash Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed seeking provisional release of the vehicle (Sonalika DI-35.III.SC, Tractor) bearing Registration No. HR-14M-4778, Chassis No. BZJSF538565SN, Engine No. 3100FL63A533816F3 seized in connection with G.B. Nagar (Gautam Budh Nagar) P.S. Case No. 137 of 2018 dated 13.05.2018 registered under Sections 272, 273, 308 of the Indian Penal Code and Sections 30(a), 34, 36, 38 and 41 (I) of the Bihar Prohibition & Excise Act, 2016. It has been stated that from the vehicle in question

Patna High Court CWJC No.15731 of 2018(2) dt.20-12-2018 2/3 956 liters illicit spirit have been recovered. It is submitted that confiscation proceeding for the vehicles in question is pending. Learned counsel for the petitioner submits that the vehicle 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 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 District Magistrate-cum-Collector, Siwan with one surety along with a bank guarantee 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 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

Patna High Court CWJC No.15731 of 2018(2) dt.20-12-2018 3/3 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 prepared by the confiscating authority 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 finalization of the confiscation proceeding if any.

(Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U