Patna High Court
Renu Devi vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18546 of 2021
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Renu Devi W/o Ram Chandra Mahto Resident of Mohalla- Ambedkar Path,
Basant Vihar Colony, near Shymal Hospital, P.S.- Rajeev Nagar, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Excise and
Prohibition, Government of Bihar, Patna.
2. The District Magistrate, Cum Collector, Patna.
3. The Excise Commissioner cum Appellate Authority, Bihar, Patna.
4. The District Transport Officer, Patna.
5. The Senior Superintendent of Police, Patna.
6. The S.H.O. of Rupaspur Police Station District Patna.
7. The Investigating Officer in Connection with Rupaspur P.S. Case No.
444/2021, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh, 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 : 23-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
(i) For issuance of writ/writs, order/orders, dit
ection/direct ions in the nature of mandamus
commanding the respondents to immediately
release the vehicle of the petitioner bearing
DIO Scooty Reg. No.BRO1 EA 8565 which
was seized by the police in connection with
Rupaspur P.S. Case No.444/2021 dated
Patna High Court CWJC No.18546 of 2021 dt.23-12-2021
30.08.2021 under Section 30(A) Bihar
Prohibition and Excise Act, 2018. (it) For
further prayed for direction upon the
respondents particular the respondent No.2 the
District Magistrate cum Collector, Patna as
well as the District Excise Officer, Patna not
evidence the proceeding for confiscate the
seized vehicle for auction during the pendency
of the writ petition, because the said vehicle
bearing Reg. No. BRO1 EA 8565 has been kept
laying in the premises of Rupaspur Police
Station.
(iii) For further any other relief/reliefs,
order/orders, direction/directions may deem fit
and proper in the fact and circumstances of this
case.
Petitioner claims to be the owner of the seized car
and said car was not being driven by her rather it was driven by
her son, while her son had gone to the market for purchase
medicine and in the meantime his friend Avinash Kumar took
his scooty for urgent work and 750 ml. illicit liquor was
recovered from the vehicle of petitioner and petitioner was not
aware that said illicit liquor was kept in her vehicle. It is further
submitted that confiscation proceeding has not been initiated as
yet.
In the facts and circumstances of the case, concerned
Patna High Court CWJC No.18546 of 2021 dt.23-12-2021
District Magistrate/Confiscating Authority is directed to
provisionally release the vehicle of petitioner 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.
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.18546 of 2021 dt.23-12-2021
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
CAV DATE
Uploading Date
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