Patna High Court
Shri Kanta Kumar @ Botla @ Shri Kant vs The State Of Bihar on 9 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5270 of 2022
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Shri Kanta Kumar @ Botla @ Shri Kant, Son of Suresh Singh, Resident of
Village- Musepur, P.S. Bihata, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Government of Bihar, Patna.
2. The Principal Secretary, Registration, Excise and Prohibition Department,
Government of Bihar, Patna.
3. The District Magistrate-Cum- Collector, Patna, District- Patna.
4. The Assistant Commissioner, Excise, Patna.
5. The Station House Officer, Maner Police Station, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Indeshwari Prasad Mandal, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 09-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"for issuance of nature of Mandamus
commanding the respondents to release the Mahindra
Scorpio & LXBS-IV (2009-2014) bearing Registration
Patna High Court CWJC No.5270 of 2022 dt.09-05-2022
No. BR01-PE-3960, Engine No. MWD4E11528, Chesis
No. MA1TA2MWND2F20492 of the petitioner which
has been seized in connection with Special Case No.
4905/2021, arise out in Maner P.S. Case No. 580/2021
dated 07.08.2021 registered under Sections 309a), 36,
41(1)(2) of Bihar Excise and Prohibition Act, 2018.
(ii) For any other relief/reliefs for which the
petitioners are found entitled in the eye of law."
It is alleged that on the basis of confidential
information, the police intercepted a truck (Engine No.DL1MA-
6803) which was followed by a Scorpio vehicle bearing
registration no. BR01PE-3960. Subsequently, on search being
made, from the truck of co-accused, total, 2148.75 litres of illicit
liquor has been recovered whereas from the Bolero vehicle in
question nothing has been recovered.
Petitioner claims to be the owner of seized vehicle
bearing Registration No.BR01PE-3960 which was seized along
with the truck from which recovery of illicit liquor has been
made only on the basis of suspicion that in the said Scorpio
vehicle four persons were traveling and they are acting as a
liner. In fact, no recovery has been made either from the
Scorpio vehicle or from the persons travelling in the said
vehicle.
In the facts and circumstances of the case, the District
Patna High Court CWJC No.5270 of 2022 dt.09-05-2022
Magistrate/Confiscating Officer concerned is directed to
provisionally release the vehicle of petitioner after due
identification of ownership of the vehicle 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.
(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.5270 of 2022 dt.09-05-2022
With aforesaid observation and direction, this writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 16.05.2022
Transmission Date
