Patna High Court - Orders
Abhay Pratap Singh vs The State Of Bihar on 16 September, 2019
Author: Rakesh Kumar
Bench: Rakesh Kumar, Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12753 of 2019
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Abhay Pratap Singh (Male), aged about 38 years, S/o Om Prakash Singh, R/o
Village- Chakra Tola Premrai (Pratapur), P.S.- Bankata, District- Deoria (U.P.)
... ... Petitioner
Versus
1. The State of Bihar .
2. The Commissioner, Excise, Saran Division, Saran at Chapra.
3. The District Magistrate, Siwan.
4. The Superintendent of Police, Siwan.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Rajiv Kumar, Adv.
For the Respondent/s : Mr.Kumar Manish (Sc5)
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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 16-09-2019Heard Sri Rajiv Kumar, learned counsel for the petitioner and learned AC to Standing Counsel no.5.
The present writ petition was filed on 25.06.2019 after serving copy of the same in the office of learned Advocate General, Bihar on 20.06.2019, however till date no counter affidavit has been filed. The petitioner, claiming to be registered owner of Tractor with Trolley, bearing Registration No.BR-29P- 7040, Chassis No. 921710266725, Engine No. 520929113638, has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, with a prayer to direct the respondents to release his vehicle, which was seized in connection with Patna High Court CWJC No.12753 of 2019(2) dt.16-09-2019 2/4 Nautan P.S. case no.193 of 2017 registered for offence under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 30(a), 38(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.
It was submitted by learned counsel for the petitioner that in the column of accused, mentioned in the F.I.R. itself, the petitioner was made accused being owner of the vehicle and it has been indicated that the petitioner, besides owner of the vehicle, is owner of a brick-kiln. He submits that the tractor of the petitioner was intercepted and recovery of 9 liters of country-made liquor was shown, which was kept in the box of the tractor and in that connection, driver of the tractor was arrested and the vehicle was also seized. Learned counsel for the petitioner submits that till date, the petitioner has not received any notice regarding initiation of confiscation proceeding. He submits that the petitioner's tractor with trolley was seized long back on 20.11.2017 and same is lying in the open sky in an uncared condition under the custody of the respondents. Learned counsel for the petitioner submits that if the immediate order for release of the vehicle is not passed, which may cause irreparable damage to the same. Accordingly, a prayer has been made for directing the respondents to release the vehicle of the Patna High Court CWJC No.12753 of 2019(2) dt.16-09-2019 3/4 petitioner, Learned State Counsel, even in absence of counter affidavit, has opposed the prayer for release of the vehicle. 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. ( C) 29749-29763 of 2016 and this 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, it would not be prudent for us to finally decide the present writ petition. At the same time, it would also not be advisable to allow the vehicle to be damaged in an uncared condition in the custody of the respondents. Accordingly, as an interim measure, during pendency of the present writ petition, it would be desirable to direct the respondents to provisionally release the vehicle in question.
Accordingly, the respondents are directed to provisionally release the vehicle i.e Tractor with Trolley, bearing Registration No.BR-29P-7040, Chassis No. 921710266725, Engine No. 520929113638 in favour of the petitioner on production of original documents relating to the vehicle in Patna High Court CWJC No.12753 of 2019(2) dt.16-09-2019 4/4 question with an undertaking that during pendency of the writ petition, the petitioner shall not alienate or create third party right in respect of the vehicle in question. Before releasing the vehicle, the respondents may be satisfied with the adequate security to be furnished by the petitioner, however it is made clear that the authority concerned shall not insist either for cash or bank guarantee. All the formalities must be completed within two weeks from the date of receipt/production of a copy of this order.
List this writ petition after disposal of S.L.P. (C) No.29749-29763 of 2016, which is pending before the Hon'ble Supreme Court.
(Rakesh Kumar, J.) ( Anjani Kumar Sharan, J.) nawalkrs/-
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