Kusum Devi vs State Of Bihar And Ors

Heard the parties.

Petitioner has prayed for following reliefs:-

(i) To release the tempo bearing registration No. BR01PH-3446 in favour of the petitioner which was seized in connection with Masaurhi P.S. Case

No.212/2020 registered for the offence under Sections 2/3/4 of Mahua Flower Control Act 2016 and 30(d) Bihar Prohibition and Excise Act, 2018

awaiting confiscation.

(ii) To any other relief/reliefs for which the petitioner found entitled to.â€​

Allegation is recovery of 15 kg. mahua flower and 500 kg. Gur from the tempo giving rise to Masaurhi P.S. Case No.212/2020 registered for the

offence under Sections 2/3/4 of Mahua Flower Control Act 2016 and 30(d) Bihar Prohibition and Excise Act, 2018, accordingly, tempo was seized by

police.

It is submitted that Mahua flower and Gur does not come within the definition of intoxicant as defined under the Excise Act, as such, vehicle is not

liable for confiscation.

The District Collector/confiscating authority, Patna is directed to provisionally release the vehicle of petitioner after due identification of ownership of

the vehicle and on production of ownership and registration documents with respect to vehicle in question in her 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.

With said observations, this writ petition is disposed of.