Patna High Court
Sameer Narayan Bandekar @ Sameer N ... vs The State Of Bihar on 30 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13383 of 2021
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Sameer Narayan Bandekar @ Sameer N Bandekar Authorized Transport
Contractor of Mahindra @ Mahindra Ltd. for transporting the vehicle, Son of
Narayan Bandekar, Resident of 701, Padma Prabhu Apartment, Near Kirti
College, Dadar, Police Station- Dadar, District- Mumbai (Maharastra).
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary of Excise Department, Bihar at Patna.
2. The Collector-cum- District Magistrate, Siwan.
3. The Superintendent of Police, Siwan.
4. S.H.O., Guthani P.S., District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
For the Respondent/s : Mr.Vivek Prasad (Gp7)
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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 : 30-07-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner has prayed for the following relief(s): -
"(i) For direction to release the "Bolero Camper' bearing
Chassis No.MA1RU4TBKM3B82547 and Engine
No.TBM4A81552 (brand new vehicle without
registration number), which was seized in Guthani P.S.
case No. 37 of 2021 for the offence punishable u/s 279,
427, of the I.P.C. & Sec. 30(a)/37(c) of Bihar
Prohibition and Excise Act, 2016 dated 15.02.2021 to
respondent no.2, in favour of the petitioner.
II. Also for any other relief/reliefs for which the petitioner is
entitled in the eye of law."
Patna High Court CWJC No.13383 of 2021 dt.30-07-2021
It is submitted on behalf of counsel for the petitioner
that petitioner is owner of Narayan Auto Works who is
authorized contractor for transporting the vehicle of Mahindra
and Mahindra for International operation and during transit
one Bolero camper vehicle as detailed above for delivery to
M/s Agni Incorporated, Nepal met with an accident while
passing through State of Bihar and it is alleged that driver of
the vehicle was found in drunken condition and from the seat
of driver of aforesaid vehicle, 200 ml. of country made liquor
was recovered giving rise to Guthani P.S. case No. 37 of
2021 for the offence punishable u/s 279, 427, of the I.P.C.
and Sections 30(a)/37(c) of Bihar Prohibition and Excise
Act, 2016 and the driver was apprehended and vehicle was
seized under the provisions of Excise Act.
The vehicle is a brand new vehicle which was being
transported from manufacturing company of Mahindra and
Mahindra Ltd. to Agni Incorporated Pvt. Ltd. Nepal through
the petitioner who is authorized transport contractor for
transporting of vehicle.
In facts and circumstances of the present case, the
writ petition is disposed of with a direction to the concerned
Patna High Court CWJC No.13383 of 2021 dt.30-07-2021
Confiscating Authority/District Collector, to provisionally
release the vehicle of petitioner after due identification of
ownership 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
Patna High Court CWJC No.13383 of 2021 dt.30-07-2021
an undertaking not to challenge the said Panchanama.
With said observations and direction, this writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.07.2021
Transmission Date NA
