Patna High Court
Subodh Kumar Ray @ Subodh Ray @ ... vs The State Of Bihar on 27 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12597 of 2021
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Subodh Kumar Ray @ Subodh Ray @ Subodh Roy, son of Bhagwan Ray @
Bhagwan Roy, resident of Village- English, Farka, P.S. Sabour, District-
Bhagalpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Prohibition, Excise and
Registration Department, Govt. of Bihar, Patna.
2. The Principle Secretary, Prohibition, Excise and Registration Department,
Govt. of Bihar, Patna.
3. The District Magistrate, Bhagalpur.
4. The Superintendent of Police Bhagalpur.
5. The S.H.O. Sanokhar (Amdanda), Police Station, Bhagalpur.
6. The Investigating Officer, Sanokhar (Amdanda), Police Station, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, 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)
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 27-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"(i) For issuance of writ in the nature of mandamus
of any other appropriate writ for directing the
respondents to release the Tata 709E Bus bearing
registration no. BR10P0042, Engine No.
497TC85KZZ774054, Chasis No. 386221
LZZ719200 of the same has been seized in
connection with Sanokhar (Amdanda) P.S. Case
No. 101/21 dated 27.06.21 registered for the
offence under sections 30 (a), 32 (2), (g) of Bihar
Prohibition and Excise Act, 2016, 2018. It is
alleged that total 190.5 litres foreign liquor has
Patna High Court CWJC No.12597 of 2021 dt.27-07-2021
been recovered from the Bus (Taxi number).
(ii) For issuance of any other appropriate, writ,
order or direction which your lordships may deem
fit and proper in the facts and circumstances of the
case.
It is submitted that 190.5 liters of illicit liquor was
recovered from the roof of the passenger bus which was
carrying by one person who was passenger of the said bus and
the petitioner is owner of the bus, as such, seized passenger bus
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
Patna High Court CWJC No.12597 of 2021 dt.27-07-2021
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 observations, this writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
