Patna High Court
Harpreet Singh vs The State Of Bihar on 3 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17019 of 2021
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Harpreet Singh, C/o of Karnail Singh, resident of Village-Phagwala, P.O.-
Bhwanigarh, P.S.-Phaguwala, District-Sangrur, Punjab.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Prohibition and Excise, Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The Collector, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. Assistant Police Inspector Shripur O P under Kuchaicote Police Station,
Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Respondent/s : Mr.Vivek Prasad ( G.P. 7 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 03-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"1. That this is application for issuance of a writ in the
nature of Mandamus or any appropriate writ's, order's,
direction's commanding the respondents for direction to
release the Bus bearing registration No. PB 11 CW 9177
in favour of the petitioner which has been seized in
Kuchaicote P.S. Case No. 351/21 dated 22.08.21 under
Section 30(a) of Bihar Prohibition and Excise Act, 2016."
Informant is a Police Officer, who has alleged in FIR
that on 22.08.2021 while he was checking the vehicle coming
from Uttar Pradesh, when a bus bearing registration no. PB 11
CW 9177 came, which was stopped and while luggage of
Patna High Court CWJC No.17019 of 2021 dt.03-12-2021
passengers were being checked, driver and co-driver, who were
from Punjab, tried to flee away, however, they were
apprehended, who disclosed that in the dickey of bus, illicit
liquor was kept in two bags and thereafter 38 bottles of foreign
liquor measuring 28.500 litres were recovered from two bags
and thereafter the recovered illicit liquor as well as bus were
seized, giving rise to Kuchaicote P.S. Case No. 351/21 under
Section 30(a) of Bihar Prohibition and Excise Act, 2016 and
both drivers were arrested.
Petitioner claims to be owner of the seized bus which
is a passenger bus having valid route permit from Patiala to
Purnea and was carrying passengers alongwith their luggage
and had no information that illicit liquor were kept in two bags
in the dickey of the bus.
Petitioner is the owner of Fatehgarh Sahib Bus Service
under which several buses are running but till date there is no
complaint against any bus of the company. The present bus is
also running from Patiala to Purnea on a permit issued by the
Regional Transport Commissioner, Patiala and is running on
said route since long time but there is no complaint with regard
to involvement in any unlawful activities and there is neither
any involvement of petitioner nor he had any knowledge about
Patna High Court CWJC No.17019 of 2021 dt.03-12-2021
it.
In facts and circumstances of present case, the District
Magistrate/Confiscating Authority, Gopalganj, is directed to
provisionally release the seized bus in favour of the petitioner,
who claims to be the registered owner of the seized bus on
submitting the ownership and registration document of the bus
and on furnishing bank guarantee of the value as indicated in
the insurance document of the bus and further furnishing and
undertaking that no 3rd party right will be created on the bus
during pendency of confiscation proceeding.
The release of the bus shall be allowed within a period of
14 days from the date of furnishing of bank guarantee and the
undertaking as stated above, which would however be subject to
final outcome of the confiscation proceeding
With aforesaid observations and direction the writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
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