During the pendency of the confiscation case, the petitioner shall not create any third party right or interest in respect of the vehicle, and shall not alienate the vehicle: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.190721 Upendra Prasad Son of Late Bunilal Prasad Resident of Village Baliya P.S. Maharajganj District Siwan ... Petitioner s The State of Bihar through the Principal Secretary Department of Excise Government of Bihar Patna The District Magistrate Saran at Chapra The Superintendent of Police Saran at Chapra The Station House Officer Amnour Police Station District Saran at Chapra ... Respondent s Mr.Sanjay Kumar Singh Advocate Mr. Vikash Kumar SC 11 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 Date : 23 12 2021 Heard learned counsel for the parties. Petitioner has prayed for following reliefs “To issue a writ in the nature of mandamus directing commanding the Respondents to release pickup van bearing Registration No. BR 29F 3356 having Engine MAIZN2GGA91GA4344 in favour of petitioner which has been seized in connection with Amnour P.S.Case No 209 2020 dated 5.6.2020 registered under Section 30(a of Bihar Prohibition and Excise Act 2016 B) Any other relief or reliefs writ or writs direction or directions which this Hon’ble Court may deem fit and proper in the facts and circumstances may also be Patna High Court CWJC No.190721 dt.23 12 2021 It is submitted on behalf of petitioner that he is the owner of the seized vehicle which was stolen by unknown thieves on 29.09.2019 for which he has lodged FIR giving rise to Maharajganj P.S Case No. 259 of 2019 for the offence punishable under Section 379 of IPC and same was being used by the miscreants for transportation of illicit liquor and 600 litre illicit spirit was recovered by the police from said stolen Pick up van giving rise to Amnour P.S. Case No. 2020 dated 05.06.2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016 and the culprits fled away leaving the vehicle which was seized by the police. Petitioner claims to be owner of the seized vehicle and same was stolen on 29.09.2019 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. It is further submitted by learned counsel for the petitioner that confiscation proceeding has not been initiated as yet. In the facts and circumstances of the case the District Magistrate Confiscating officer Saran at Chapra is Patna High Court CWJC No.190721 dt.23 12 2021 directed to initiate confiscation proceeding if not already initiated and 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 suretiesto the extent of the value of the vehicle as indicated in the 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 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 Patna High Court CWJC No.190721 dt.23 12 2021 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 With said observations and direction this writ petition is disposed of disposed of. Interlocutory application if any shall also stand Sanjay Karol CJ) ( S. Kumar J

Summary: During the pendency of the confiscation procedure, the petitioner shall also submit the affidavits/undertakings, the petitioner shall not create any third party right or interest in respect of the vehicle and shall not alienate the vehicle during this period is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Upendra Prasad Vs. The State of Bihar (Civil Writ Jurisdiction Case No.19073 of 2021) Brief facts of the case are that Petitioner claims to be the owner of the confiscated car, which he alleges was stolen on September 29, 2019, for which he filed a police report. While petitioner cannot be held guilty for the transportation of unlawful liquor, the vehicle is subject to confiscation because it was used for that purpose. Furthermore, qualified counsel for the petitioner contends that no confiscation proceedings have yet been commenced. the petitioner is the owner of a seized vehicle that was stolen by unknown thieves on September 29, 2019, for which he has filed a FIR under Maharajganj Police station for the offence punishable under Section 379 of the Indian Penal Code. The stolen vehicle was being used by miscreants for the transportation of unlawful liquor, with 600 litres of unauthorised spirit recovered by the police. The culprits fled leaving the vehicle, which was seized by the police, Amnour P.S. for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In light of the facts and circumstances of the case, the District Magistrate/Confiscating Officer Saran at Chapra is directed to initiate confiscation proceedings, if not already begun, and 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 an excise case on production of ownership and registration papers with respect to the 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. During the pendency of the confiscation procedure, the petitioner shall also submit the following affidavits/undertakings, With these observations and directions, the writ petition, as well as any interlocutory applications, is dismissed, and the release shall be granted within 14 days of the date of submission of the sureties and undertakings as mentioned above, subject to the completion of the confiscation proceeding.