Stolen Vehicle used for illegal purpose released on serving a Panchanama by the petitioner: High Court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.154021 Awdhesh Kumar Tiwari @ Awdhesh Tiwari son of Kamal Tiwari resident of Village 166 Jyay P.O. and P.S. Siwan Muffasil District Siwan The State of Bihar through Principal Secretary Excise Department Govt. of ... Petitioner s The District Magistrate Siwan The Sub Divisional Magistrate Siwan Sadar Dist. Siwan The Officer in Charge Mairwa Police Station Siwan ... Respondent s The proceedings of the Court are being conducted by Hon’ble the Chief Justice Hon’ble Judges through Video Conferencing from their residential offices residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences For the Petitioner s For the Respondent s CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR Per: HONOURABLE MR. JUSTICE S. KUMAR Mr.Md. Aslam Ansari Adv Mr.Vivek PrasadA writ in the nature of mandamus for commanding and directing the respondents concerned to release passion Probearing registration no. BR 29N 2271 Engine No. HA10ENDGF 09512 Chesis No MBLHA10AWDGF03453 model no. 2013 in favour of the petitioner as he is rightful owner of the said vehicle which has been seized in connection with Mairwa PS Case No. 201 2019 dated 25.07.2019 registered u s 30(a) of Bihar Prohibition Excise Act 2016.” Patna High Court CWJC No.154021 dt.14 09 2021 It is submitted on behalf of petitioner that he is the owner of the seized vehicle which was stolen by unknown thieves on 20.06.2019 for which he has lodged FIR giving rise to Hussainganj P.S Case No. 180 of 2019 for the offence punishable under Section 379 of IPC and same was being used by the unknown miscreants for illegal activity. Petitioner claims to be owner of the seized vehicle and same was stolen on 20.06.2019 for which he had earlier instituted a case. It is further submitted that no illicit liquor was recovered from the vehicle and same was seized on suspicion only. Confiscation proceeding has been initiated by the Sub divisional Magistrate Siwan Sadar being Excise Case No. 361 of 2019 20 in which petitioner appeared and filed his show cause for dropping the confiscation proceeding and also to release his seized motorcycle but no order was passed. In the facts and circumstances of the case Sub divisional Magistrate Siwan Sadar Confiscating Officer Siwan 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 Patna High Court CWJC No.154021 dt.14 09 2021 name with two suretiesto 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 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 Patna High Court CWJC No.154021 dt.14 09 2021 of the confiscation proceeding With said observations and direction this writ petition is disposed of (S. Kumar J

Summary: Writ Petition in the form of mandamus was filed by the petitioner in order to release his vehicle which was confiscated in the matter of illegal transportation of liquor. The court heard the matter and passed an order to release the vehicle for a certain period on serving the panchnama with terms and conditions imposed till the time the matter of illicit liquor gets resolved. The Hon’ble High Court of Patna before Justice Mr.  S. Kumar in the matter of Awdhesh Kumar Tiwari v. The State of Bihar[Civil Writ Jurisdiction Case No.15405 of 2021]. 
The facts of the case were that a writ petition was filed by the petitioner in the nature of mandamus in order to direct and command the concerned respondent to release the Motorcycle that they took into possession as he is the rightful owner of the Vehicle. The Motorcycle was seized from the owner in the matter of Mairwa PS Case No. 201/2019 and was registered under Section 30(a) of Bihar Prohibition and excise Act, 2016. Some unknown thieves had stolen the vehicle for which the petitioner launched the FIR for the offense punishable under Section 379 of the Indian Penal Code and the same vehicle was used for illegal activities by the unknown thieves.

It was further submitted that no illicit liquor was found from the vehicle and the same was seized on suspicion only. Confiscation proceedings were initiated in which the petitioner appeared and showed his cause for dropping the proceeding but no order was passed.

The Hon’ble High Court of Patna directed the officer to release the vehicle of the petitioner after due identification of ownership of vehicle which was stolen and subsequently recovered and later on seized by the police in excise case. The release of the vehicle was allowed for 14 days from the submission date of the required sureties and their undertakings. The petition stood disposed of with said observations and directions. 

The Hon’ble High Court of Patna said,”.. 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.” The court further added,” 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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Judgment Reviewed By Nimisha Dublish
 The facts of the case were that a writ petition was filed by the petitioner in the nature of mandamus in order to direct and command the concerned respondent to release the Motorcycle that they took into possession as he is the rightful owner of the Vehicle. The Motorcycle was seized from the owner in the matter of Mairwa PS Case No. 201/2019 and was registered under Section 30(a) of Bihar Prohibition and excise Act, 2016. Some unknown thieves had stolen the vehicle for which the petitioner launched the FIR for the offense punishable under Section 379 of the Indian Penal Code and the same vehicle was used for illegal activities by the unknown thieves. 
It was further submitted that no illicit liquor was found from the vehicle and the same was seized on suspicion only. Confiscation proceedings were initiated in which the petitioner appeared and showed his cause for dropping the proceeding but no order was passed.

The Hon’ble High Court of Patna directed the officer to release the vehicle of the petitioner after due identification of ownership of vehicle which was stolen and subsequently recovered and later on seized by the police in excise case. The release of the vehicle was allowed for 14 days from the submission date of the required sureties and their undertakings. The petition stood disposed of with said observations and directions. 

The Hon’ble High Court of Patna said,”.. 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.” The court further added,” 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.”
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 It was further submitted that no illicit liquor was found from the vehicle and the same was seized on suspicion only. Confiscation proceedings were initiated in which the petitioner appeared and showed his cause for dropping the proceeding but no order was passed. 
The Hon’ble High Court of Patna directed the officer to release the vehicle of the petitioner after due identification of ownership of vehicle which was stolen and subsequently recovered and later on seized by the police in excise case. The release of the vehicle was allowed for 14 days from the submission date of the required sureties and their undertakings. The petition stood disposed of with said observations and directions. 

The Hon’ble High Court of Patna said,”.. 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.” The court further added,” 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.”
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The Hon’ble High Court of Patna directed the officer to release the vehicle of the petitioner after due identification of ownership of vehicle which was stolen and subsequently recovered and later on seized by the police in excise case. The release of the vehicle was allowed for 14 days from the submission date of the required sureties and their undertakings. The petition stood disposed of with said observations and directions.  
The Hon’ble High Court of Patna said,”.. 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.” The court further added,” 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.”
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The Hon’ble High Court of Patna said,”.. 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.” The court further added,” 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.”