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2017 DIGILAW 378 (PAT)

Buchiya Devi v. State of Bihar, through the Chief Secretary, Bihar, Patna

2017-03-17

BIRENDRA KUMAR

body2017
ORDER : 1. The present writ application has been filed for quashing the order dated 06.09.2016 passed by the Collector, Araria in Confiscation Case No.11 of 2016-17 in exercise of the power under Section 68(c) of the Bihar Excise (Amendment) Act, 2016, whereby the prayer of the petitioner to release the motorcycle has been refused. 2. There is no dispute that the motorcycle of the petitioner was seized for alleged violation of the provisions of the Bihar Excise (Amendment) Act, 2016 on 02.07.2016, inasmuch as the son of the petitioner was found along with Nepali liquor on the said motorcycle. 3. Submission of the petitioner is that similar point was considered by a Division Bench of this Court in CWJC No.1791 of 2017 and following orders were passed on 16.02.2017:- “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. After hearing the parties and considering the aforesaid order of the Division Bench of this Court, let the motorcycle of the petitioner be released in her favour on execution of bond of Rs.70,000/- (seventy thousand) with two sureties of the like amount with a condition that the petitioner shall not dispose of the said motorcycle nor put the same under encumbrance without permission of the Collector concerned and shall produce the same as and when required. 5. 5. Let this matter be listed after decision in LPA No.1647 of 2015 and along with CWJC No.1791 of 2017.