Patna High Court
Rohit Kumar Jha vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20509 of 2021
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Rohit Kumar Jha Son of - Kashi Kant Jha Resident of Village Hariharpur,
Post Office - Hariharpur, Police Station - Kamtaul, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Secretary Department of
Excise, Government of Bihar, Patna.
2. The District- Magistrate, District- Sitamadhi.
3. The Superintendent of Police, District- Sitamadhi.
4. The Officer Incharge, Pupri Police Station, District- Sitamadhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"i. To issue appropriate writ in the
nature of certiorari or any other writ to quash the
order of seizure dated 22.11.2021 and/or release or
provisionally release the Scorpio vehicle vide
Registration no- BR07PC-4583 which has been
seized in connection with Pupri P.S case No. 384
of 2021 dated 22.11.2021 under section 30 (a) of
Bihar prohibition and Excise Act, 2016 and
section 414 of IPC as neither doing drunken
driving nor being transporting of liquor etc. as
Patna High Court CWJC No.20509 of 2021 dt.23-12-2021
such seizure of vehicle is against the provision of
the Act.
ii. To direct respondents to release the
vehicle as the vehicle is not liable for confiscation
u/s 56 of the Act because the petitioner or the
driver of the vehicle had not contravened the
provision of Bihar prohibition and Excise Act.
iii. To issue writ and direction to the
respondent to release the vehicle forth with or
within limited time as the vehicle is lying under
open sky without providing proper protection as
the damage may cause to the vehicle.
iv. To issue any other writ /writ,
order /orders direction directions as your honour
deem and proper."
Petitioner claims to be the owner of the seized
vehicle and said vehicle was not being driven by the petitioner
rather another person was driving the vehicle. It is further
submitted that only 500 ml. of Night Blue liquor was recovered
and petitioner was not aware that said illicit liquor was kept in
his vehicle. It is further submitted that confiscation proceeding
has not been initiated as yet.
In the facts and circumstances of the case, District
Magistrate/Confiscating Authority, Sitamadhi is directed to
provisionally release the vehicle of petitioner after due
Patna High Court CWJC No.20509 of 2021 dt.23-12-2021
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.
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
Patna High Court CWJC No.20509 of 2021 dt.23-12-2021
undertakings as stated above, which would however be subject
to finalization of the confiscation proceeding.
With said observations, this writ petition is
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
