Pravin Kumar vs The State Of Bihar, Through ...
2021 Latest Caselaw 2426 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7644 of 2021
     ======================================================

Pravin Kumar, Son of Vishnupad Prasad, Resident of Village - Imamganj, P.S. Khirimore, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar, through Principal Secretary, Department of Environment and Excise, Government of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Assistant Commissioner Excise, Gaya.

4. The Inspector, Excise, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer, Advocate For the Respondent/s : Mr. Vivek Prasad, G.P. 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 21-06-2021

Heard the parties.

Petitioner has prayed for following relief(s):-

"That this writ petition is being

filed on behalf of the petitioner in

nature of writ/writs, order/orders,

direction/directions upon the

respondents to release the seized

Tata 207DIRX Pick Up vehicle

bearing Registration No.

BR02Q1825, Chassis No. Patna High Court CWJC No.7644 of 2021 dt.21-06-2021

MAT478012B9H26348, Engine

No. 497SP38HYY643425, which

is seized in connection with

Excise Case No. 343/2018, under

Section 30(a) of the Bihar

Prohibition & Excise Act, 2016.

It is submitted on behalf of petitioner that he is the

owner of the seized vehicle which was stolen by unknown

thieves on 20.07.2018 for which he has lodged FIR giving rise

to Khiri More P.S Case No. 68 of 2018 for the offence

punishable under Section 379 of IPC, and same was being used

by the miscreants for transportation of illicit liquor and 2000

litres of Country Made Liquor was recovered by the police

from said stolen vehicle and the culprits were arrested with

vehicle which was seized by the police.

Petitioner claims to be owner of the seized vehicle

and same was stolen on 20.07.2018 for which he had earlier

instituted a case as such, petitioner cannot be held to be

responsible for transportation of illicit liquor, however, since

the vehicle was used for transportation of illicit liquor same is

liable for confiscation and confiscation proceeding has been

initiated by the District Collector, Gaya, in which petitioner Patna High Court CWJC No.7644 of 2021 dt.21-06-2021

appeared and filed his show cause for dropping the confiscation

proceeding and also release of his seized vehicle but no order

was passed.

In the facts and circumstances of the case, the

District Magistrate/Confiscating officer, Gaya is directed to

provisionally release the vehicle of petitioner after due

identification of ownership of the vehicle which was stolen and

subsequently recovered and seized by the police in excise case

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.7644 of 2021 dt.21-06-2021

(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. Patna High Court CWJC No.7644 of 2021 dt.21-06-2021

With said observations and

direction, this writ petition is

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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