Patna High Court
Satyendra Kumar Singh vs The State Of Bihar Through The ... on 1 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8851 of 2021
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Satyendra Kumar Singh, S/o Ramnarayan Singh, Resident of Village-
Katalpur, P.S. Baikunthpur, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Bihar Prohibition and
Excise Department, Bihar, Patna.
2. The Excise Officer, Bihar Prohibition and Excise Department, Gopalganj.
3. The District Magistrate, Gopalganj.
4. The Superintendent of Police, District of Gopalganj, Bihar.
5. The Officer in charge of Baikunthpur Police Station, District-Gopalganj.
... ... Respondent/s
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their residences
/offices.)
Appearance :
For the Petitioner/s : Mr.Harendra Prasad, Adv
For the Respondent/s : Mr. Vikash Kumar SC-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 : 01-07-2021
Heard parties.
Petitioner has prayed for the following reliefs:-
"To issue an appropriate order/s, direction/s including a
writ preferably in nature of Mandamus commanding the
respondents to release the vehicle/Agriculture Tractor Swaraj
bearing Reg No. BR 29GA 9913, Chassis No. WZTF30427131585
and Engine No. 39.1354/HF006102A in favour of the petitioner
who is owner of the said Tractor seized in Baikunthpur PS Case
No. 15/2020 under section 30(a) of Bihar Prohibition and Excise
Act, 2016 lying in the premises of Police station and subject to
natural decay by furnishing sufficient security to the satisfction of
learned ADJ-II-cum-Spl. Judge, Excise, Gopalganj."
Patna High Court CWJC No.8851 of 2021 dt.01-07-2021
It has been submitted by learned counsel for petitioner
that nothing has been recovered from the Tractor of the
petitioner but on the basis of suspicion only, his tractor has been
seized as it was parked in front of the house of his neighbour
Santosh Das from whose possession, illicit liquor has been
recovered. It has been further submitted that confiscation
proceeding has not been concluded as yet.
The writ petition is disposed of with a direction to the
District Collector/Confiscating Officer, Gopalganj to
conclude the confiscation case within 90 days from the date of
receipt/production of copy of order passed by this Court, if
show cause has already been filed or within 90 days from the
date of filing of show cause, failing which District Magistrate,
Gopalganj shall provisionally release the vehicle of petitioner
after due identification of ownership of the vehicle and on
production of ownership and registration 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.8851 of 2021 dt.01-07-2021
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 observation and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
