Rita Devi vs The State Of Bihar
2021 Latest Caselaw 2269 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6711 of 2021
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Rita Devi Wife of Jalandhar Sahni Permanent Address- Resident of Ward No- 12, Malpur, Muhalla- Naya Nagar, Ward No.- 2, Police Station- Malpur, District- Begusarai (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through Secretary, Department of Excise, New Secretariat, Patna, Bihar.

2. The Collector, Begusarai.

3. The Officer-in-Charge, Khodawandpur (Chhaurahi) Police Station, P.S.-

Khodawandpur (Chhaurahi), District- Begusarai.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Shashank Shekhar, Adv For the Respondent/s : Mr. Kumar Manish SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 07-06-2021 Learned counsel for the parties desire the matter be

taken up today.

Heard learned counsel for the parties.

Petitioner has filed this writ application for following

relief(s):-

"That this application being filed on behalf of the petitioner for direction to release the Hero Passion Pro Motorcycle bearing Registration No .BR33AD2270 seized on 17.06.2019 in connection with Khodawandur (Chhaurahi), PS case No. 125 of 2019, seized by Sri Om Prakash Kumar Sub Inspector of Police, Khodawandpur (Chhaurahi) Police Station Patna High Court CWJC No.6711 of 2021 dt.07-06-2021

in favour of the petitioner to the satisfaction of learned Collector/Special Judge, Excise, Begusarai on such term or terms as this Hon'ble Court deems fit and proper."

It is submitted 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 has been further submitted by

learned counsel for the petitioner that no confiscation

proceeding has been initiated as yet.

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.

Patna High Court CWJC No.6711 of 2021 dt.07-06-2021

(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 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          08.06.2021.
Transmission Date       NA