Rakesh Pandey @ Rakesh Kumar ... vs The State Of Bihar
2021 Latest Caselaw 6434 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19645 of 2021
     ======================================================

Rakesh Pandey @ Rakesh Kumar Pandey Son of Lalji Pandey Resident of Village- Rupaspur, P.S.- Mirjamurad, District- Varanasi (Uttar Pradesh).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2. The District Magistrate, Buxar.

3. The Superintendent of Police, Buxar.

4. The S.H.O., Buxar (Muffasil) Police Station, District- Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Satyapal Singh, Advocate For the Respondent/s : Mr.Vivek Prasad, GP-7 ====================================================== 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 petitioner and learned

counsel for the State.

Petitioner has prayed for the following reliefs: -

"For issuance of a direction/order or an appropriate writ for directing the respondent authorities to release the Tavera Vehicle bearing Registration No. UP-65AH-9320, Chassis No. MA6AB6G767HE57968 and its Engine No. 3EG58189 which has been seized in Buxar (Muffasil) P.S. Case No. 40 of 2020 for the offence U/S 30(a) of Bihar Prohibition of Excise (Amendment) Act, 2018 for recovery of 276.48 liters foreign liquors from the alleged vehicle."

Patna High Court CWJC No.19645 of 2021 dt.23-12-2021

It is submitted that 276.48 litres of foreign liquor was

recovered from the car of the petitioner, which was parked on

the main road of Nadaw, which was stolen on 16.01.2020 by

some unknown persons, for which he has lodged FIR on

16.01.2020 giving rise to Lanka P.S. Case No. 51/2020 for the

offence punishable under Section 379 of IPC, and same was

being used by the miscreants for transportation of illicit liquor

which was seized by the police on 02.02.2020.

Since seized vehicle was stolen by some miscreants,

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.

Petitioner claims to be owner of the seized vehicle

and same was stolen on 16.01.2020 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 stated in the petition that confiscation

proceeding has not been initiated till date.

In the facts and circumstances of the case, the

District Magistrate/Confiscating officer, Buxar is directed to

provisionally release the vehicle of petitioner after due Patna High Court CWJC No.19645 of 2021 dt.23-12-2021

identification of ownership of the vehicle mentioned above

which was stolen and subsequently recovered and 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 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 Patna High Court CWJC No.19645 of 2021 dt.23-12-2021

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)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          24.12.2021
Transmission Date