Suraj Kumar vs State Of Bihar And Ors

Heard learned counsel for the parties.

Prayer of the petitioner in this writ application reads as follows:-

That this is an application is being filed for release of white coloured SCORPIO with registration no. BR06BD-3472 (Changed Regd. No.) in favour

of the petitioner being its rightful owner seized in connection with Town P.S. Case No. 367/20 for the offence u/s 414/34 IPC and 30(a), Bihar

Prohibition & Excise Act, since the vehicle (Scorpio S-2) of the petitioner with Regd. No. BR21P1813 was stolen on 04.11.19 at Jamui and the

petitioner had instituted Jamui P.S. Case No. 560/19 on 05.11.19 itself.

Allegation is recovery of 475.17 litre of illicit foreign liquor from the Scorpio for which FIR was lodged and illicit liquor and Scorpio were seized giving

rise to Town PS Case No. 367 of 2020 dt. 22.06.2020 registered for the offence punishable under Sections 414/34 of the IPC and section 30(a) of

Bihar Prohibition & Excise Act, 2016.

As there is recovery of illicit liquor from the Scorpio same is liable for confiscation under Section 56 of the Bihar Prohibition & Excise Act, 2016.

It is submitted on behalf of petitioner that his Scorpio was stolen on 04.11.2019 for which he had lodged an FIR being Jamui PS Case No. 560 of 2019

dated 05.11.2019 under Section 379 of the IPC and the miscreants were misusing his stolen motorcycle in transportation of illicit liquor and same was

seized by the police in present case.

It is further submitted that petitioner is the owner of the Scorpio which was stolen away one year before for which he had already instituted a case of

theft of his Scorpio and as such he is not concerned with the crime of trade of illicit liquor in which his stolen Scorpio was misused by miscreants for

which petitioner cannot be held responsible and as such his Scorpio may be provisionally released in his favour during confiscation proceeding.

In the facts and circumstances of the present case, let the Scorpio of petitioner be provisionally released in his favour on due identification and

presentation of ownership papers. The concerned authority shall release the vehicle provisionally till conclusion of confiscating proceeding on the

production of document of ownership and registration papers in his name with two sureties (one local) to the extent of the value of the vehicle as

indicated in insurance document.

The petitioner while submitting the surety bond shall also furnish the following affidavit/undertakings:-

(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the proceeding and

shall not alienate the vehicle during this period.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release the vehicle a Panchnama would be got prepared by the confiscating authority wherein the photograph of the vehicle shall be taken

and will be certified by the petitioner and the same shall be kept on record so that in future if so required it may be used as a secondary evidence. The

petitioner shall undertake not to challenge the said Panchanama in course of proceeding/trial.

The writ petition is disposed of.