M/S Venture Supply Chain Pvt. Ltd vs State Of Bihar And Ors

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

Petitioner has prayed for the following relief:-

“That this writ application is being filed on behalf of petitioner above named for the release of his truck (Container) bearing Registration No. HR 55

Y /9245, chasis no. MB1A3EFD0GPAU6959, Engine No. GAPZ126487, with its articles which was loaded over the same, which have been seized in

connection with Gardanibagh P.S. Case No. 740 of 2019, registered U/s. 279, 427, 337, 338 of the I.P.C. and Section 30(a)/34 of Bihar Prohibition

and Excise Act, 2018, and for any other appropriate writ/writs, direction/directions, order/orders, as this Hon’ble court thinks fit and proper in the

facts and circumstances of this case.â€​

It has been submitted on behalf of petitioner that his company is carrying business of transportation of goods throughout India and has valid permit for

it. Truck loaded with goods of a firm from Patna was to be delivered at Ranchi, however, Truck met an accident and the local people ransacked and

damaged the Truck and driver and co-driver fled away. Thereafter, police came and it is alleged that from behind the seat of the driver 350 ml of illicit

foreign liquor was recovered giving rise to Gardanibagh PS Case No. 740 of 2019 under various sections of IPC and section 30(a) of Bihar Prohibition

& Excise Act, 2018 and the truck along with articles loaded and illicit liquor were seized. As there is recovery of illicit liquor from the seized truck, as

such same is liable for confiscation under Section 56 of the Excise Act and in view of bar of jurisdiction under Section 60 of the Act, the Special Court

had rightly refused to pass an order for release of the truck by its order dated 12.02.2020 as contained in Annexure-5.

It has been submitted that alleged recovery of 350 ml. of liquor is false and after accident the driver and co-driver fled away. Mob assembled there

ransacked and damaged the truck and some unscrupulous element kept the alleged liquor behind the driver’s seat to harass and frame the driver

and co-driver of the Truck.

In peculiar facts and circumstances of present case, the District Magistrate-cum-Confiscating Officer, Patna is directed to provisionally release the

seized truck of petitioner

after due identification of ownership of the Truck on production of ownership and registration with respect to Truck in question in his name with two

sureties (one local) to the extent of the value of the Truck 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.