Patna High Court
Manoj Kumar Gupta vs The State Of Bihar And Ors on 11 March, 2019
Author: Jyoti Saran
Bench: Jyoti Saran, Arvind Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18333 of 2018
======================================================
Manoj Kumar Gupta, son of Brij Mohan Prasad, resident of Village- Dangra
Toli, Chatra, P.O.- Chatra, P.S.- Chatra, District- Chatra (Jharkhand), Pin-
825401.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise, Prohibition &
Registration Department, Government of Bihar, Patna.
2. The Collector cum District Magistrate, Gaya.
3. The Superintendent of Excise, Gaya.
4. The Senior Superintendent of Police, Gaya.
5. The Officer-in- Charge of Magadh University, Police Station, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
For the Respondent/s : Mr. Kumar Manish- SC5
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 11-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.
The petitioner prays for provisional release of the Blue Colour Naino Car bearing Registration No. JH13C-9909, Chasis No. MET612282FKA00320, Engine No. Patna High Court CWJC No.18333 of 2018 dt.11-03-2019 2/4 273MPF112PVYK19687, which has been seized in connection with Magadh University P.S. Case No. 164 of 2017 for the offences punishable under Section 414/34 of the Indian Penal Code and Sections 30(d), 32(2) of the Bihar Prohibition and Excise Act.
Learned counsel appearing on behalf of the petitioner submits that he has no information about initiation of the confiscation. It is stated that the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 300 ml. country 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 with respect to vehicle in question in his name before the designated Court below with two sureties (one local) to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings:
(i) That the vehicle in question has never been Patna High Court CWJC No.18333 of 2018 dt.11-03-2019 3/4 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, if any, 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 got 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 submission of the sureties and the undertakings as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding.
Patna High Court CWJC No.18333 of 2018 dt.11-03-2019 4/4 With the observations/directions above, this writ petition is allowed.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Nasimul/Shailendra
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16-03-2019
Transmission Date N/A