Rajnandan Prasad vs The State Of Bihar
2021 Latest Caselaw 3936 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13675 of 2021
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Rajnandan Prasad, S/o Jagdish Prasad, resident of Village-Parsohada, P.S.- Guraru, District-Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Bihar, Patna.

2. The Collector-cum-District Magistrate, Gaya.

3. The Superintendent of Excise, Gaya.

4. The Officer in Charge, Barachatti P.S., District-Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vinod Kumar. Advocate For the Respondent/s : Mr.Kumar Manish ( Sc 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 03-08-2021 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

(I) For issuance of an appropriate writ / writs direction/directions, order/orders to the authority to release the vehicle bearing Passion Pro Motorcycle bearing registration No. BR02AE 8192 to the petitioner which was seized by the police in Barachatti P.S. Case No. 59/20 instituted u/s 30(a) of Bihar Prohibition and Excise Act, 2016.

(II) For a direction to the respondent authority to release the vehicle of the petitioner taking into consideration that in fact nothing has been recovered from the vehicle in question.

(iii) To any other relief/reliefs to which the petitioner is entitled Patna High Court CWJC No.13675 of 2021 dt.03-08-2021

in the facts and circumstances of this case."

It is submitted on behalf of petitioner that he is the

owner of the seized vehicle which was stolen by unknown

thieves on 26.09.2019 for which he has lodged FIR giving rise

to Guraru P.S Case No. 140/19 for the offence punishable under

Section 379 of IPC, and same was being used by the miscreants

for transportation of illicit liquor and during search 7 pieces

each containing 375 ml. Royal Challenger and 17 pieces each

containing 180 ml. Emporium Blue foreign liquor was

recovered by the police from said stolen motorcycle giving rise

to Barachatti P.S. Case No. 59/20 dated 03.02.2020 for the

offence punishable under Section 30(a) of the Bihar Prohibition

and Excise Act, 2016.

Petitioner claims to be owner of the seized vehicle

and same was stolen on 26.09.2019 for which he had earlier

instituted a case as such, petitioner cannot be held to be

responsible for transportation of illicit liquor.

In the facts and circumstances of the case, the District

Magistrate/Confiscating officer Gaya is directed to

provisionally release the vehicle of petitioner after due

identification of ownership of the vehicle which was stolen and

subsequently recovered and seized by the police in excise case

on production of ownership and registration papers with respect Patna High Court CWJC No.13675 of 2021 dt.03-08-2021

to vehicle in question in his name 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 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.

(ii) The petitioner shall furnish an undertaking to

produce the vehicle before the confiscating authority

as and when required.

(iii)Prior to release of the vehicle, a Panchanama

would be prepared wherein the photograph of the

vehicle shall be taken and will be certified by the

petitioner and 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.

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, which would however be subject Patna High Court CWJC No.13675 of 2021 dt.03-08-2021

to finalization of the confiscation proceeding.

With said observations and direction, this writ petition is

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.08.2021
Transmission Date       NA