Patna High Court
Ganesh Dutt Dubey vs The State Of Bihar And Ors on 21 February, 2019
Author: Jyoti Saran
Bench: Jyoti Saran, Arvind Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3110 of 2019
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Ganesh Dutt Dubey, S/o Jaipal Dubey, resident of Village- Lashkariganj,
Sasaram, P.S.-Sasaram, Distt.- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary Bihar, Patna.
3. The Collector cum District Magistrate, Kaimur at Bhabua.
4. The District Superintendent of Police, Kaimur at Bhabua.
5. The District Excise Superintendent, Kaimur at Bhabua.
6. The Officer in Charge, Chainpur, Excise Bhabua, P.S., District-Kaimur at
Bhabua
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Patel, Adv.
For the Respondent/s : Mr. Vivek Prasad, GP-7
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 21-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Mahindra and Mahindra Jeep (Scorpio Turbo vix) bearing registration No. BR-1PA 6469, Engine No. BS84J33861, Chasis No. A1TB2BSL82J66755, which has been seized in connection with Bhabua Excise Case No.873 of 2018 corresponding to PR No.16 of 2018 for the offences punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.3110 of 2019 dt.21-02-2019 2/4 It is stated by learned counsel for the petitioner that 146 litres of Foreign Wine 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 Scorpio and 146 litres of Foreign Wine.
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 papers with respect to vehicle in question before the designated court below 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 further.
(ii) That the petitioner shall not indulge in creating Patna High Court CWJC No.3110 of 2019 dt.21-02-2019 3/4 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 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 surety (local) alongwith the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This would, however, be subject to the final order passed in the confiscation proceeding. The title deed papers shall remain in safe custody of the Patna High Court CWJC No.3110 of 2019 dt.21-02-2019 4/4 court below subject to final decision in the confiscation proceedings.
With the observations above, this writ petition is allowed.
(Jyoti Saran, J) ( Arvind Srivastava, J) skpathak/-
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