Patna High Court
Govind Kumar vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19182 of 2021
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Govind Kumar, S/o-Raghunath Mahto, R/o-Village-Justice Rajkishore Path,
Budh Murti, P.S.-Kadamkuan, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The District Magistrate, Patna, Bihar.
3. The Superintendent of Police, Patna, Bihar.
4. The Deputy Superintendent of Police, Patna Sadar, Bihar,
5. The Station House Officer (S.H.O.) Town Police Station, Patliputra, Patna,
Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Onkar Nath, Advocate
For the Respondent/s : Mr.Vivek Prasad, GP-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 following reliefs:
Patna High Court CWJC No.19182 of 2021 dt.23-12-2021
Allegation is recovery of 180 ml. of illicit liquor
each from a Scooty and from the possession of two accused
person travelling on the said Scooty giving rise to Patliputra
PS Case No. 385/2020 under section 30(a) of the Bihar
Prohibition and Excise Act, 2018.
Petitioner claims to be the owner of the said vehicle
and only 540 ml. illicit liquor has been recovered. 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,
Muzaffarpur is directed to initiate confiscation proceeding, if
not already initiated and provisionally release the vehicle of
Patna High Court CWJC No.19182 of 2021 dt.23-12-2021
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
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.
Patna High Court CWJC No.19182 of 2021 dt.23-12-2021
With said observations and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
