Patna High Court
Mohan Sahni vs The State Of Bihar on 19 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11075 of 2021
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Mohan Sahni Son of Late Dev Narayan Sahni Resident of Village Fakiradih,
P.S.- Gaighat, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Excise Department
Govt. of Bihar, Patna.
2. The District Magistrate Muzaffarpur.
3. The Superintendent of Police Muzaffarpur.
4. The Officer In- Charge, Gaighat Police Station Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amit Kumar Jha, 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 : 19-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"i. For issuance of the order, direction or writ of
mandamus or any other appropriate writ for commanding
the respondent authorities to release the Hero Honda
Glamour motorcycle of the petitioner having registration
number BR-06AR-3410, Chassis No.
MVLJA06ANFGD04138, Engine No. JA066EJFGD12393
seized by Gaighat police in connection with Gaighat P.S.
Case No. 202 of 2016 dated 02.11.2016 for the alleged
offences under Sections 30(a), 35(a) of Bihar Prohibition
and Excise Act, 2016.
ii. For issuance of order, direction or writ of
certiorari or any other appropriate writ to quash the order
dated 09.01.2019 passed by the learned Special Judge,
Excise Act, Muzaffarpur, wherein and whereby the learned
court has rejected the application of the petitioner for release
Patna High Court CWJC No.11075 of 2021 dt.19-07-2021
of the vehicle bearing registration no. BR 06AR 3410 as not
maintainable."
It is submitted that no illicit liquor was recovered from
the vehicle and same was seized on suspicion only as it was
parked in the premises of line hotel (Dhaba) where raid was
conducted 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.
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
Patna High Court CWJC No.11075 of 2021 dt.19-07-2021
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 observations, this writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
