Patna High Court
Shyam Babu Thakur vs State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20867 of 2021
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Shyam Babu Thakur, S/o Dev Narayan Thakur R/o Village - Uchidih, P.O.
Ramkaran Pakri, P.S. Pipra Dist. - East Champaran, Bihar.
... ... Petitioner/s
Versus
1. State of Bihar through District Magistrate, Nalanda.
2. The Superintendent of Police, Nalanda.
3. The Excise Superintendent, Nalanda.
4. The SHO of the Griryak Police Station.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prakash Chandra
For the Respondent/s : Mr. Kumar Manish (Sc5)
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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 following reliefs:
Patna High Court CWJC No.20867 of 2021 dt.23-12-2021
Allegation is recovery of 130 ml of illicit liquor
from a car wherein two persons were travelling. Out of two, one
was found in drunken condition giving rise to Giriyak PS Case
No. 545 of 2021 under sections 30(a), 37(B)/37(C) of the Bihar
Prohibition and Excise Act, 2018.
Petitioner claims to be the owner of the said vehicle
and only 130 ml. illicit liquor has been recovered. It is further
submitted that petitioner had no knowledge about illicit liquor
being kept in his car. It is further submitted that no confiscation
proceeding has been initiated till date.
In the facts and circumstances of the case, the
concerned District Magistrate/Confiscating officer, is
directed to initiate confiscation proceeding, if not already
initiated and 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
Patna High Court CWJC No.20867 of 2021 dt.23-12-2021
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.
With said observations and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
