Ritesh Jaiswal 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:-

(i) “For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondents to release the Hyundai Venue Car

bearing registration no. WB74BA3890, Chassis No. MALFC81AVKM037447, Engine No. G3LCKM845178 in favour of petitioner as the same has

been seized in connection with Habibpur P.S. Case No. 114 of 2020 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

(ii) For issuance of any other appropriate writ, order or direction which his lordship may deem fit and proper in the facts and circumstances of the

case.â€​

Petitioner is the owner of seized vehicle which he had hired to Army Personnel who were duly authorized by the competent authority to carry liquors.

Army personnel were going on leave on his hired car, which was seized by the police under the excise act for carrying liquor giving rise to Habibpur

P.S. Case No. 114 of 2020 under Section 30(a) of the Excise Act.

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