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Release of the vehicle of petitioner after due identification of ownership of the vehicle: High Court of Patna

Release of the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers was upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Aditya Kumar Vs. The State of Bihar (Civil Writ Jurisdiction Case No.1443 of 2022) on 02-03-2022.

Brief facts of the case are that the Petitioner has prayed for issuance of writ in the nature of certiorari or any appropriate writ, order or direction to direct the respondent authorities to release the seized Duster car of Renault Company, bearing registration no. JH10BN 5219 in favour of owner/petitioner, which has been seized in connection with Kudra P.S. Case No. 348 of 2021 pending for trial in the Court of Special Judge Excise, Kaimur at Bhabua.

Allegation is of recovery of 180 ml. illicit liquor from a car wherein three persons were sitting. Petitioner claims to be the owner of the seized car and said car was not being driven by the petitioner rather the same was being driven by one Akash Verma who was relative of the petitioner.

In view of facts and circumstances, court held that concerned District Magistrate/Confiscating Authority is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers 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 Court observed “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.”

Click here to read the Judgement

Written by- Riya Singh, Legal Intern, Prime Legal

 

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