Patna High Court
Bunilal Sah @ Munilal Sah vs The State Of Bihar on 16 December, 2019
Bench: Hemant Kumar Srivastava, Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18550 of 2019
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Bunilal Sah @ Munilal Sah Son of Sri Narayan Sah, resident of Village-
Tadhwanandpur, Nawka Tola, Ward No. 7, P.S.- Bairia, District- West
Champaran. .. ... 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, West Champaran, Bettiah.
3. The Superintendent of Police, West Champaran, Bettiah.
4. The Superintendent of Excise, West Champaran, Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Umesh Chandra Verma
For the Respondent/s : Mr.Vivek Prasad (Gp7)
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
and
HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.
The petitioner seeks release of his HF Deluxe Hero motorcycle bearing Registration No. BR 22AK 3111 which was seized in connection with Bairia Police Station Case No. 113 of 2019 registered for the offence punishable under sections 30 and 30a of the Bihar Prohibition and Excise Act, 2016.
It is submitted on behalf of the petitioner that the confiscation proceedings has not been initiated as yet but the Patna High Court CWJC No.18550 of 2019 dt.16-12-2019 2/3 learned counsel of the State submits that he is not in a position to confirm the contention of the petitioner regarding initiation of the confiscation proceedings and therefore he will seek the report from the concerned District Collector about the initiation of confiscation proceeding.
In view of the aforesaid submission as well as in the facts and circumstances of the case, this writ application stands disposed of with a direction to the concerned Court to seek a report from the District Collector about initiation of confiscation proceeding in respect of seized vehicle in connection with Bairia Police Station Case No. 113 of 2019 within a period of two weeks from the date of receipt/production of a copy of this order and if the report of the concerned District Collector reflects that the confiscation proceeding has already been initiated, in that event, the concerned court shall not release the seized vehicle in favour of the petitioner, but if the report of the District Collector reveals that the confiscation proceedings has not been initiated as yet in respect of seized vehicle, the concerned Court shall release the seized vehicle provisionally in favour of the petitioner on production of ownership and registration papers with respect to the vehicle in question before the court below on the execution Patna High Court CWJC No.18550 of 2019 dt.16-12-2019 3/3 of bond of Rs.50,000/- within two weeks from the date of receipt of report of District Magistrate, with the condition that the petitioner shall not transfer or alienate the said vehicle without prior permission of the concerned Court and shall produce the aforesaid vehicle whenever and wherever it is required by the Court till final disposal of the confiscation proceedings.
Furthermore, it is made clear that if the confiscation proceedings has already been initiated in respect of the seized vehicle, the concerned District Collector shall conclude the same within 60 days from the date of receipt/production of a copy of this order.
Writ petition stands disposed of with the aforesaid directions.
(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) shashi/-
AFR/NAFR NA CAV DATE NA Uploading Date 19.12.2019 Transmission Date