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2017 DIGILAW 340 (PAT)

Bibhakar Chaudhary @ Bibhakar Chaudhari, Son of Late P. N. Chaudhary v. State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna

2017-03-08

BIRENDRA KUMAR

body2017
ORDER : 1. Heard learned counsels for the parties. 2. The petitioner has invoked the writ jurisdiction of this Court for release of Tavera vehicle bearing registration no. JH- 01P/6776 which was seized in connection with G.O. Case No. 288 of 2016 registered under Sections 47(a) and 68A(d) of the Bihar Excise Amendment Act. It is stated that confiscation proceeding has already started for confiscation of the aforesaid vehicle. 3. However, submission is that in similar facts and circumstances, a Division Bench of this Court in C.W.J.C. No. 1791 of 2017 by order dated 16.02.2017 has ordered for release of the vehicle. The relevant portion of the said order is being reproduced below:- “The petitioner has invoked the writ jurisdiction of this Court for release of Bajaj Pulsar Motor Cycle bearing registration No. BR44D- 7186 seized by the Bihar Police in connection with Complaint Case No. 286(O) of 2016 registered under Section 47(a) and 53(b) of the Bihar Excise (Amendment) Act, 2016, which has been sent to the learned District Magistrate-cum- Collector, Buxar for confiscation. The questions in respect to confiscation of vehicle by the concerned authorities have been referred to the Larger Bench in L.P.A. No. 1647 of 2015. Since the very issue is pending consideration before the Larger Bench, we deem it appropriate to order release of Bajaj Pulsar Motor Cycle bearing registration No. BR44D- 7186 to the petitioner on furnishing surety bonds to the satisfaction of the District Magistrate-cum-Collector, Buxar in connection with Complaint Case No. 286(O) of 2016 subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when required during the proceedings under the Bihar Excise Act. List this case after the decision in L.P.A. No. 1647 of 2015.” 4. In view of the aforesaid direction, let interim custody of the aforesaid vehicle be handed over to the petitioner in connection with the aforesaid G.O. case on furnishing surety bond to the satisfaction of the District Magistrate-cum-Collector, Nawada, subject to the condition that the petitioner shall not dispose of the said vehicle without permission of the Court and shall make it available before the authority concerned as and when required during the proceedings under the Bihar Excise Act. 5. 5. This matter may be listed after disposal of L.P.A. No. 1647 of 2015 along with C.W.J.C. No. 1791 of 2017 with permission of Hon’ble the Chief Justice.