Patna High Court
Nawal Ray vs The State Of Bihar on 10 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18115 of 2021
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Nawal Ray, Son of Bhagwan Rai @ Bhagwat Rai, Resident of Village-
Bishunpur Kalyan, P.S. Sahebganj, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretry, Excise and Prohibition
Department, Government of Bihar, Patna.
2. The District Magistrate-Cum-Collector, Muzaffarpur, District-Muzaffarpur.
3. The Superintendent of Police, Muzaffarpur, District-Muzaffarpur.
4. The Station Head Officer, Paroo Police Station, District-Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rakesh Ranjan, Advocate
For the Respondent/s : Mr.Kumar Manish ( SC-5 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 10-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
" (I) For issuance of an appropriate writ in
the nature of MANDAMUS, commanding
and the Respondent District Magistrate,
Muzaffarpur (Respondent no.2 ) to conclude
the proceeding of Confiscation Case No.178
of 2019-20 on the ground that the
confiscation proceeding is pending since last
two sears for no reason whatsoever.
(ii) For issuance of an appropriate writ in
the nature of MANDAMUS, commanding
and Commanding and directing the
Respondent Authorities to release the
Scorpio Vehicle of the petitioner bearing
Reg. No. MN-06L-3609, Chassis
No.42J80840 and Engine No. BD44J52080
Patna High Court CWJC No.18115 of 2021 dt.10-12-2021
in favour of the petitioner which has been
illegally seized by the Respondent No.4 in
connection with Paroo P.S. Case No.383 of
2019 dated 19.09.2019 registered for the
offence under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016 on the
ground that in fact there is no recovery of
liquor from the vehicle in question as also it
is kept in the open sky of the campus of the
Police Station which causes fast natural
decay of the vehicle of the 'petitioner.
(iii) For the issuance any other appropriate
writ/writs, order/orders, direction/directions
for which the writ petitioner would be found
entitled under the facts and circumstances of
the case."
Allegation is recovery of 375 ml. of illicit liquor from
the Scorpio and driver fled away from the vehicle.
It is submitted that petitioner is owner of the vehicle and
he had no knowledge that 375 ml. illicit liquor was kept in his
vehicle which driver of the vehicle was consuming.
In the facts and circumstances of the case, concerned
District Magistrate/Confiscating Authority is directed to
provisionally release the vehicle of petitioner in Confiscation
Case No.178 of 2019-20 after due identification of ownership of
the vehicle on production of ownership and registration papers
with respect 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.
Patna High Court CWJC No.18115 of 2021 dt.10-12-2021
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.18115 of 2021 dt.10-12-2021
to finalization of the confiscation proceeding.
With said observations, this writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
