Patna High Court
Lalan Mandal @ Lalo Mandal vs The State Of Bihar on 16 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5998 of 2021
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Lalan Mandal @ Lalo Mandal Son of Dip Narayan Mandal Resident of
Mohalla- Parbatti Gali, P.S.- Tatarpur (Vishwavidyalaya), District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Department of Excise, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Bhagalpur.
4. The Superintendent of Police, Bhagalpur.
5. The Officer in Charge, Tatarpur (Vishwadiyalaya) Police Station, District-
Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P. 7
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(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 16-07-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner has prayed for following relief(s):-
"(i) For issuance of an appropriate writ, rule
or direction in the nature of writ of
mandamus commanding and directing the
respondents particularly the respondent no.
3 to 5 to immediately release the vehicle
(motorcycle) bearing Registration No. BR-
10Z-7729 of this petitioner which has been
seized by the respondent no. 5 in connection
with Tatarpur (Vishwavidyalaya) P.S. Case
No. 73/2019 dated 19.03.2019 registered
Patna High Court CWJC No.5998 of 2021 dt.16-07-2021
under Section 30(a) of Bihar Prohibition
Excise Act, 2016 as contained in Annexure-
(ii) And/or pass such other order or orders
as deem fit and proper in the interest of
justice."
Learned counsel for the petitioner states that perhaps
mistakenly, registry has registered two cases of very same
subject matter. He further states that earlier application, being
C.W.J.C. No. 5372 of 2021 titled as Lalan Mandal @ Lalo
Mandal Vs. The State of Bihar & Ors., listed first already stands
disposed of vide judgment dated 26.05.2021. The said judgment
exactly reads as under:-
"Heard learned counsel for the parties.
Petitioner has filed this writ
application for following relief(s):-
" For issuance of an appropriate
writ, rule or direction in the nature of writ
of mandamus commanding and directing
the respondents particularly the respondent
nos.3 to 5 to immediately release the
vehicle (motorcycle) bearing registration
no.BR-10Z- 7729 of this petitioner which
has been seized by the respondent no.5 in
connection with Tatarpur
(Vishwavidyalaya) P.S. Case No. 73/2019
dated 19.03.2019 registered under Section
30(a) of Bihar Prohibition Excise Act, 2016
as contained in Annexure -2.
(ii) And/or pass such other order
or orders as deem fit and proper in the
interest of justice."
Patna High Court CWJC No.5998 of 2021 dt.16-07-2021
It is submitted that no illicit liquor
was recovered from the vehicle and same
was seized on suspicion only and since
seized vehicle was not found to be used in
transportation of illicit liquor, as such, same
is not liable for confiscation under Section
58 of the Excise Act.
It is submitted by learned counsel
for the State that confiscation proceeding
being Confiscation Case No. 258 of 2020
has already been initiated against the seized
vehicle and the date of appearance is
25.06.2021, on which date petitioner shall
appear and file his show cause, if not
already filed.
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
Patna High Court CWJC No.5998 of 2021 dt.16-07-2021
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
Patna High Court CWJC No.5998 of 2021 dt.16-07-2021
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."
In view of the same, the present petition stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
