NISHANT DEEP Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.) Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
(I) For issuance of a writ in the nature of mandamus commanding the respondent No. 3 to release Maruti Baleno Car bearing registration No. BR-06CT-6680, Chasis No.-MA3EWB22SMJ-716837, Engine No: K12MN4742485 , Colour Pearl Arctic white which was registered in the name of petitioner. This vehicle was seized by Sursand Police Station, Sitaznarhi in connection with Sursand P.S.Case No. 565/21 for offences U/S 279, 337, 338 of Indian Peal Code and 37(b)(c) and 30(a) of Bihar State Prohibition and Excise Act 2018 and 185 of M.V. Act.
(ii) For issuance of an appropriate writ/writs, order/orders, direction/ directions commanding to the respondent No.3 to not sale the above mentioned seized car till the final disposal of the present case.
(iii) For issuance of an appropriate writ/ writs, order/orders, direction/ directions to respondent to grant any other relief/ reliefs as to which the petitioner is held entitled to in the facts and circumstances of the case.
Allegation is recovery of one Nepali Saufi Bottle containing 300 ml. of liquor from the car of the petitioner and one person was apprehended in a drunken condition.
Learned counsel for the petitioner submits that aforesaid recovered bottle was empty one and there was no liquor in it.
(2.) It is further submitted that confiscation proceeding has been initiated being confiscation case No.14 of 2021.
In view of the above, the writ petition is disposed of with a direction to the Confiscating Authority/District Magistrate, Sitamarhi to provisionally release the vehicle of petitioner after due identification of ownership 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.
(3.) 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. ;
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