Patna High Court
Brahmdeo Choudhary vs The State Of Bihar on 2 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6457 of 2021
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Brahmdeo Choudhary, S/o Late Mohan Lal Choudhary, Resident of Village-
Dhokardhara, P.S.- Banmankhi, Dist- Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector, Purnia.
3. The Excise Commissioner, Purnia.
4. The Police Inspector, K. Hat, Purnia.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pramod Kumar Mallick, Advocate
For the Respondent/s : Mr. Kumar Manish, S.C. 5
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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 the parties.
Petitioner has prayed for following relief(s):-
(I) "to direct the respondents
authorities to release the vehicle
bearing registration No. BHK 2824,
Chassis No. NX066791, Engine No.
NXC066973 and trailor bearing
registration No. BHK 2825 was
seized by the ASI Bishwajeet
Kumar Singh, Madhubani OP under
K. Hat Police Station, Purnea be
released in favour of the petitioner.
(ii) Further direct the respondent
authority no. 04 the Officer In-
charge K. Hat Police Station in
which the said tractor and trailor are
in custody to look after very
carefully.
Patna High Court CWJC No.6457 of 2021 dt.02-06-2021
(iii) The petitioner further prays for
any other relief/reliefs as to which
the petitioner is entitled in the facts
and circumstances of the case."
It is submitted that no illicit liquor was recovered from the
vehicle and in fact only 30 bags of Nausadar (Bhakar) each
containing 25 Kg Nausadar was recovered from the tractor and
trailor. Seized commodity does not come within the definition of
intoxicant under Excise Act.
In facts and circumstances of present case, District
Magistrate/Confiscating Authority, Purnia 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.6457 of 2021 dt.02-06-2021
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
