Manish Kumar vs State Of Bihar And Ors

The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video

Conferencing from their residence.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for following reliefs:-

(A) “For releasing the Tata Motors Bus bearing Registration No. UP51AT882, Engine No. 91H84895484, Chassis No. MAT449305KOH10828

seized in connection with Kanti P.S. Case No. 613 of 2020 dated 05.10.2020 instituted under Section 30(a) of the Bihar Prohibition and Excise

(Amendment) Act, 2018 awaiting confiscation.

(B) To any other relief/s to which the petitioner is found entitled to.â€​

Informant who is a police officer has alleged that on 05.10.2020 while he was on patrolling duty with other police personnel, he received information

from SHO that on a bus bearing Registration No. UP51AT882 illicit liquor is being carried and thereafter the bus was stopped and on search 2 bottles

containing 1.500 ml. of foreign liquor was recovered from sleeper seat in a red bag. Accordingly, the driver of the bus was arrested and the bus and

illicit liquor were seized giving rise to Kanti P.S. Case No. 613 of 2020 dated 05.10.2020.

It is submitted that petitioner is the owner of the tourist passenger bus and resides at Delhi and allegation is recovery of 1.500 ml. of foreign liquor

from a sleeper seat of a passenger for which petitioner cannot be held to be liable and responsible. There are no independent witnesses of search and

seizure and police constables have been made witnesses on seizure memo. There are discrepancy in contents of FIR and seizure memo.

In the facts and circumstances of the case, the District Magistrate, Muzaffarpur/Confiscating officer, Muzaffarpur is directed to provisionally release

the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration documents 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.

With said observations, this writ petition is disposed of.