Patna High Court
Sila Devi vs The State Of Bihar on 10 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17195 of 2021
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Sila Devi, Wife of Chandra Shekhar Mandal, Resident of Village/Muhalla-
Tetari, P.S.-Naugachhia, District-Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department at
Patna.
2. The Divisional Commissioner, Excise Department, Patna Division, Patna.
3. The District Collector, Munger.
4. The Superintendent of Police, Munger.
5. The Officer-in-charge, Jamalpur Police Station, Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjiv Kumar Singh
For the Respondent/s : Mr.Vikash Kumar ( Sc11 )
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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 following relief:-
"For releasing the four wheeler vehicle
having its registration No.BR-10PB3872 in the name
of Sila Devi in connection with Jamalpur P.S. Case
No.133 of 2021 under Sections 30(a)/37(B)/37(C) of
the Bihar Prohibition and Excise (Amendment) Act,
2018 which is pending before the Court of Special
Judge (Excise Act), Munger/District Collector,
Munger.
Allegation is recovery of 750 ml. of illicit liquor
from the seized car giving rise to Jamalpur PS Case No. 133 of
2021 under sections 30(a), 37(c)/37(C) of the Bihar Prohibition
Patna High Court CWJC No.17195 of 2021 dt.10-12-2021
and Excise (Amendment) Act, 2018.
Petitioner claims to be the owner of the said vehicle
and only 750 ml. illicit liquor has been recovered. It is further
submitted that petitioner had no knowledge about illicit liquor
being kept in his car.
In the facts and circumstances of the case, the
concerned District Magistrate/Confiscating officer, Munger
is directed to provisionally release the vehicle of petitioner after
due identification of ownership of the vehicle which was seized
by the police in excise case 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.
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
Patna High Court CWJC No.17195 of 2021 dt.10-12-2021
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 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
CAV DATE
Uploading Date 13.12.2021
Transmission Date
