Patna High Court
Shambhu Prasad vs The State Of Bihar on 17 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16402 of 2021
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Shambhu Prasad S/o Bramhanand Prasad R/o Vill- Keshari, P.S.- Ekma,
District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Dept. of Excise, Govt. of
Bihar, Patna.
2. The District Magistrate, Gopalganj at Gopalganj.
3. The Superintendent of Police, Gopalganj at Gopalganj.
4. The Officer-in-Charge, Kuchaikote Police Station, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anant Kumar Bhaskar
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 17-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"For issuance of appropriate writ or writs, direction
or directions, order or orders commanding the appropriate
respondent to release the Bolero bearing registration No.BR-
04M5349 Chassis No.MA1XA2GHKD5A41564 Engine
No.GHC4M950219 in favour of petitioner, which has been
seized in connection with Kuchaikote P.S. Case No. 312/2020
after setting aside the order dated 31.7.2021 passed by the
learned court of Addl. District & Sessions Judge-II Cum Spl.
Judge Excise, Gopalganj.
It is submitted on behalf of petitioner that he is the
owner of the seized vehicle which was stolen by unknown
thieves on 25.07.2020 for which he has lodged FIR giving rise
Patna High Court CWJC No.16402 of 2021 dt.17-12-2021
to Ekma P.S Case No. 288 of 2020 for the offence punishable
under Section 379 of IPC, and same was being used by the
miscreants for transportation of illicit liquor and 450 litres
Country Made Liquor was recovered by the police from said
stolen vehicle giving rise to Kuchaikote P.S. Case No. 312 of
2020 dated 11.08.2020 for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
Petitioner claims to be owner of the seized vehicle and
same was stolen on 25.07.2020 for which he had earlier
instituted a case as such, petitioner cannot be held to be
responsible for transportation of illicit liquor, however, since the
vehicle was used for transportation of illicit liquor same is liable
for confiscation.
It is further submitted that confiscation proceeding
being Confiscation Case No.494/21 has been initiated against
the seized vehicle.
In the facts and circumstances of the case, the District
Magistrate/Confiscating officer Gopalganj at Gopalganj 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
Patna High Court CWJC No.16402 of 2021 dt.17-12-2021
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 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.
Patna High Court CWJC No.16402 of 2021 dt.17-12-2021
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 18.12.2021
Transmission Date NA
