Patna High Court
Ajit Yadav vs The State Of Bihar, Through ... on 10 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7259 of 2021
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Ajit Yadav, Son of Jobi Mahto, Resident of Village-Budhidih, Police Station
and Post Office-Barhi, District- Hazaribagh, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Collector, Nawadah.
4. The Superintendent of Police, Nawadah.
5. The Police Inspector-cum-Thana Incharge, Rajauli, District-Nawadah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Virendra Prasad, Advocate
For the Respondent/s : Mr. Vikash Kumar, S.C. 11
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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.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 10-06-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"For issuance of writ in the nature
of mandamus direction to the
respondent authorities to release
the vehicle i.e. Bolero bearing
Registration No. JH-02AZ-7123
of the petitioner by which the said
Patna High Court CWJC No.7259 of 2021 dt.10-06-2021
vehicle seized in connection with
Rajauli Police Station Case No.
287 of 2020 under Section 30(a)
of Bihar Prohibition & Excise
Act, 2016, on 04.07.2020 but the
vehicle was not used for
transportation of liquor. The case
of the petitioner may be disposed
of the several judicial order
passed by this Court.
Allegation is recovery of 1 litre of foreign liquor
from the back seat of the vehicle, as such, said vehicle is liable
for confiscation under Section 58 of the Excise Act. It is
submitted that confiscation case has already been initiated being
confiscation case no. 95 of 2020 which is pending.
Petitioner is directed to appear in the court of the
Confiscating Officer on 28.06.2021 and file his show cause and
Confiscating Officer shall thereafter conclude the confiscation
proceeding within 90 days from the date of filing of show cause,
and if show cause has already been filed, then conclude the
same within 90 days from the date of receipt/production of a
copy of this order, failing which District Magistrate, Nawadah
shall provisionally release the vehicle of petitioner after due
identification of ownership of the vehicle and on production of
Patna High Court CWJC No.7259 of 2021 dt.10-06-2021
ownership and registration documents 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 an undertaking
not to challenge the said Panchanama.
The release shall be allowed within a period of 14
Patna High Court CWJC No.7259 of 2021 dt.10-06-2021
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.
Petition stands disposed of with the aforesaid
observations/directions.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
