Lalan Mandal @ Lalo Mandal vs The State Of Bihar
2021 Latest Caselaw 2111 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5372 of 2021
     ======================================================

LALAN MANDAL @ LALO MANDAL son of Dip Narayan Mandal, Resident of Mohalla- Parbatti Gali, P.S.- Tatarpur (Vishwavidyalaya), District- Bhagalpur

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary cum Commissioner, Department of Excise, Government of Bihar, Patna

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate, Bhagalpur

4. The Superintendent of Police, Bhagalpur

5. The Office in Charge, Tatarpur (Vishwavidyalaya) Police Station, District-

Bhagalpur

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

For the Petitioner/s : Mr.Amrendra Kumar Jha Mr. Dhirendra Natha Jha, Advocates For the Respondent/s : Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 26-05-2021 Heard learned counsel for the parties.

Petitioner has filed this writ application for following

relief(s):-

" For issuance of an appropriate writ, rule or direction

in the nature of writ of mandamus commanding and directing

the respondents particularly the respondent nos.3 to 5 to

immediately release the vehicle (motorcycle) bearing Patna High Court CWJC No.5372 of 2021 dt.26-05-2021

registration no.BR-10Z- 7729 of this petitioner which has been

seized by the respondent no.5 in connection with Tatarpur

(Vishwavidyalaya) P.S. Case No. 73/2019 dated 19.03.2019

registered under Section 30(a) of Bihar Prohibition Excise Act,

2016 as contained in Annexure -2.

(ii) And/or pass such other order or orders as deem fit

and proper in the interest of justice."

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 is submitted by learned counsel for the State that

confiscation proceeding being Confiscation Case No. 258 of

2020 has already been initiated against the seized vehicle and

the date of appearance is 25.06.2021, on which date petitioner

shall appear and file his show cause, if not already filed.

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 Patna High Court CWJC No.5372 of 2021 dt.26-05-2021

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

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.5372 of 2021 dt.26-05-2021

With said observations, this writ petition is disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR               NAFR
CAV DATE               NA
Uploading Date         29.05.2021
Transmission Date      NA