Patna High Court
Kuldeep Jaiswal @ Kuldeep Kumar ... vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18418 of 2021
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Kuldeep Jaiswal @ Kuldeep Kumar Jaiswal Son of Late Rajkumar Jaiswal
Resident of Village- Suriyawan, Police Station- Suriyawan, District- Badoi
(U.P.).
... ... Petitioner/s
Versus
1. The State of Bihar Through Secretary of Excise Department, Bihar at Patna.
2. The Collector-cum- District Magistrate Kaimur.
3. The Superintendent of Police Kaimur.
4. The Excise Superintendent of Police Kaimur.
5. S.H.O., Mohaniya, P.S. District- Kaimur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Respondent/s : Mr.Vikash Kumar (S.C.11)
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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 direction to the State Respondents to release
the "Hundai Car" of the petitioner bearing
Registration No. UP-66V-4050, which was seized
in Mohaniya P.S. Case No. 439 of 2021 for the
offence punishable U/s - 30 (a) of Bihar Prohibition
and Excise Act, 2016 dated 26.09.2021, especially
to respondent No.2, in favour of the petitioner..
II. Also for any other relief/reliefs for which the
petitioner is entitled in the eye of law.
Petitioner claims to be the owner of the seized car.
Allegation is recovery of 1.875 litres of illicit liquor from the
car of the petitioner which was kept back of the seat of driver.
Patna High Court CWJC No.18418 of 2021 dt.23-12-2021
It is submitted that no illicit liquor was recovered
from the vehicle, as such seized vehicle is not liable for
confiscation. It is further submitted that confiscation proceeding
has not been initiated as yet.
In the facts and circumstances of the case, concerned
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
Patna High Court CWJC No.18418 of 2021 dt.23-12-2021
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, this writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
CAV DATE
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