Patna High Court
Madan Prasad Sah vs The State Of Bihar on 22 August, 2019
Author: Shivaji Pandey
Bench: Shivaji Pandey, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11709 of 2019
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Madan Prasad Sah, Male, Age 38, Son of Sri Suraj Narain Sah Resident of
Village- Kodarkatta, Basopatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Developments
Department, Government of Bihar, Patna.
2. The District Magistrate Madhubani.
3. The Superintendent of Excise Basopatti.
4. The Office- in- Charge, Basopatti P.S.- Basopatti, District.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ratanakar Jha
For the Respondent/s : Mr.Vivek Prasad (GP7)
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)
Date : 22-08-2019
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Scorpio
vehicle bearing registration No. WB-02S-3951 which has been seized in
connection with Basopatti P.S. Case No. 279 of 2018 for the offences
punishable under sections 272, 273 of the Indian Penal Code read with
Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner
has purchased the vehicle, in question, from one Bhikhari Sao on
4.2.2018and, thus, the vehicle has been transferred in his name. It is further stated that 531 liters of Nepali liquor has been seized; the Patna High Court CWJC No.11709 of 2019 dt.22-08-2019 2/3 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 vehicle and 531 liters of Nepali liquor.
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 surety alongwith 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.
(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.
Patna High Court CWJC No.11709 of 2019 dt.22-08-2019 3/3
(iv) Prior to release of the vehicle, a Panchanama would be 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 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 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 release would, however, be subject to initiation and finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings.
With the observations above, this writ petition is allowed.
(Shivaji Pandey, J) ( Partha Sarthy, J) rishi/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 29.08.2019 Transmission Date