Patna High Court
Dinesh Kumar vs The State Of Bihar on 2 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6376 of 2021
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Dinesh Kumar S/o Mohan Ray, Resident of Sahila Rampur, P.S - Bochahan,
District - Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Excise and Prohibition Department
Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Gopalganj, Bihar.
4. The Superintendent of Police, Gopalganj, Bihar.
5. The Superintendent of Excise, Gopalganj, Bihar.
6. The SHO, Gopalganj Police Station, Gopalganj, Bihar.
... ... Respondent/s
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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.)
Appearance :
For the Petitioner/s : Mr.Sumit Shekhar Pandey, 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 : 02-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"Issuance of a writ in the nature of the mandamus or
any other appropriate writ/writs, order/orders,
direction/directions directing the respondent authorities to
release four-wheeler Bolero with registration number BR-
09U-1982, Engine No. GHEFL54521, Chassis No.
MA1XA2GHKE5M89563, which belongs to the petitioner
and has been seized in Gopalganj Excise Case No. 208/2020
for the alleged offence u/s 30(a) of the Excise Amendment
Act, 2018 (hereinafter referred as the Excise Act.) "
Patna High Court CWJC No.6376 of 2021 dt.02-06-2021
It is submitted by learned counsel for the petitioner 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 has already been initiated against the
seized vehicle.
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
Patna High Court CWJC No.6376 of 2021 dt.02-06-2021
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)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
