Patna High Court - Orders
Laxman Singh vs The State Of Bihar on 27 September, 2019
Author: Rakesh Kumar
Bench: Rakesh Kumar, Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 13408 of 2019
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Laxman Singh, aged - 44 years, Male, S/o Bindeshwari Singh R/o Kharik
Ambo, P.S.- Kharik Bazar, Distt.- Bhagalpur
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Excise Deptt., Patna, Bihar
2. The District Magistrate, Katihar
3. The Superintendent of Police, Kaithar
4. The S.H.O. Falka Police Station, Katihar
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh
For the Respondent/s : Mr. Vikash Kumar (Sc11)
AC to SC - 11
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
2. 27-09-2019Heard Sri Sanjeev Kumar Singh, learned counsel for the petitioner and learned A.C. to Standing Counsel - 11.
The present writ petition was filed on 3rd July, 2019 after serving copy of the same in the office of learned Advocate General on 12-06-2019, however; till date, no counter affidavit has been filed. The petitioner, claiming to be registered owner of a motorcycle i.e. Hero Splendor Pro, bearing Registration No. BR10S-4125, Engine No. HA10ELEHB19915 and Chassis No. MBLHA10A3EHB05593, has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, with a Patna High Court CWJC No.13408 of 2019(2) dt.27-09-2019 2/4 prayer to direct the respondents to release his motorcycle, which has been seized in connection with Falka P.S. Case No. 460 of 2018 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'Bihar Excise Act').
In this case, a supplementary affidavit has also been filed and learned counsel for the petitioner has drawn our attention to statement made in paragraph - 3 of the supplementary affidavit to show that petitioner had come to the village of his maternal uncle and his cousin brother, on the pretext of some urgent work, had taken his motorcycle and subsequently, the petitioner came to know that his cousin brother alongwith pillion rider was arrested on an allegation of carrying sixty liters of Mahua country-made liquor, kept in different pouches in a bag. Besides arresting both of them, the motorcycle of the petitioner was also seized.
Learned counsel for the petitioner has also drawn our attention to statement made in paragraph - 17 of the petition to show that till the date of filing of the writ petition, the petitioner was not having any information regarding initiation of confiscation proceeding. As per learned counsel for the petitioner, after seizure of the motorcycle, same is lying in open Patna High Court CWJC No.13408 of 2019(2) dt.27-09-2019 3/4 sky in the custody of the respondents. Accordingly, a prayer has been made for directing the respondents to release his vehicle.
Learned State counsel, even in absence of counter affidavit, has opposed the prayer for release of the motorcycle, however; he has not disputed the fact that virus of entire Bihar Excise Act is pending before the Hon'ble Supreme Court, vide S.L.P. (Civil) Nos. 29749-29763 of 2016, and said fact has been noticed by a Full Bench of this Court in a case reported in 2019 (2) PLJR 1089 (Ram Vinay Yadav vs. State of Bihar).
Considering the fact that virus of entire Bihar Excise Act is pending before the Hon'ble Supreme Court, we are of the opinion that it would not be prudent for us to finally decide the present writ petition. At the same time, it would also not be appropriate to allow the vehicle to be damaged.
Accordingly, as an interim measure, during the pendency of the present writ petition, it is desirable to direct the respondents to provisionally release the motorcycle i.e. Hero Splendor Pro, bearing Registration No. BR10S-4125, Engine No. HA10ELEHB19915 and Chassis No. MBLHA10A3EHB05593, in favour of the petitioner on following condition/direction:
(i) The petitioner shall furnish original document(s) Patna High Court CWJC No.13408 of 2019(2) dt.27-09-2019 4/4 relating to vehicle in question with an undertaking that during pendency of the writ petition, he shall not alienate or create third party right in respect of vehicle in question.
(ii) The respondents, particularly; respondent no.
2/District Magistrate, Katihar may be satisfied with adequate security to be furnished by the petitioner, however; while releasing the vehicle, the respondents shall not insist either for Bank guarantee or cash.
(iii) All the formalities must be completed within a period of two weeks from the date of receipt/production of copy of this order.
List this writ petition after disposal of S.L.P. (Civil) Nos. 29749-29763 of 2016 pending before the Hon'ble Supreme Court.
(Rakesh Kumar, J.) ( Anjani Kumar Sharan, J.) anay U