AUVED ASLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

(2.) The petitioner prays for provisional release of the Mahindra Scorpio bearing registration No. MH-04BS-4158, Chasis No. MAITA2BFC32G84066, Engine No. BF34G45448 which has been seized in connection with Harlakhi P.S. Case No. 131/17 vide G.R. No.401/2017, for the offences punishable under sections 272, 273 IPC and section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is stated by learned counsel for the petitioner that 14.100 litres of Nepali Liquor has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 14.100 litres of Nepali liquor.

(3.) Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the Collector cum District Magistrate, Madhubani 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: