Rajan Kumar vs State Of Bihar And Ors

Heard the parties.

Petitioner has prayed for following reliefs:-

“1.An appropriate writ in the nature of Mandamus directing the respondent no.2 to release the vehicle to the petitioner, bearing registration No. BR

28 ML 2529 Chassis No.MA1FB2MCRF6B31645, Engine No.MCF6B14645, which is seized and registered the case bearing Gopalganj Town P.S.

Case No. 53 of 2017 under Section 30(a) of the Bihar Excise (Amendment) Act, 2016.

(ii) An appropriate writ in the nature of certiorari for quashing the notice vide memo 129 dated 11.01.2019 passed by the respondent no.2 in

Confiscation (Excise) case No.14 of 2019, whereby and whereunder the respondent no.2 has going to confiscated the vehicle of the petitioner on the

ground that the same was used for the purpose of committing an offence under Section 30(a) of the Bihar Excise (Amended) Act, 2016.

(iii) Any other writ/writs, order/orders or direction/directions as the facts and circumstances of the case may require and deemed fit by this

Hon’ble Court may also be issued.â€​

Informant is a police officer who has stated in her written complaint that on 14.2.2017, she was on patrolling duty along with other police personnel,

she received an information from officer in charge of P.S. that in a school bus of BRM School illicit liquor is being carried and as the said bus reached,

it was signalled to stop then the driver of the vehicle and one female and male sitting in the vehicle tried to flee away but all were apprehended on

chase and from the bag of lady, 16 litre 200 ML. country made liquor was recovered and thereafter the vehicle and country made liquor was seized

and accused persons were apprehended for which FIR was lodged giving rise to Gopalganj Town P.S. Case No. 53 of 2017 under Section 30(a) of

the Bihar Excise (Amendment) Act, 2016.

It is submitted on behalf of petitioner that he is innocent and has no concern with the alleged seizure of liquor from his bus. The bus was used for

carrying the children from their residence to school and on said date, the driver and cleaner of the bus were taking the bus to its service centre at

Gopalganj and a lady with her children took the lift on the bus on the pretext that no other vehicle is available and she has to go to Gopalganj and his

two employees permitted her to enter into the bus and they had no knowledge that she was carrying illicit liquor in her bag. It has been further stated

that on the recommendation of the police, confiscation case has been initiated being Confiscation Case No.14 of 2019 in which petitioner has already

filed his show cause. As there is recovery of illicit liquor from the vehicle, same is liable for confiscation and as such, confiscation case cannot be

quashed.

The writ petition is disposed of with a direction to the petitioner to appear before the District Collector/Confiscating Officer, Gopalganj on 05.10.2010

and the Confiscating Officer is directed to conclude the confiscation proceeding within 90 days from the date of receipt/production of a copy of order

passed by this Court, failing which, District Magistrate, Gopalganj shall 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 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.