Allowed

New Odc Syndicate v. The State Of Bihar and Ors.

Patna HC12 Feb 2013CWJC/488/2013

Case brief

AI extract

What is this about?

A written order disposing of two writ petitions by a transporter and truck owner whose goods and vehicle were seized. The court ordered deposit of ₹2,00,000 as cash and bank guarantee for the remainder to release the vehicle, relying on identical earlier orders.

What did the court decide?

Deposit of ₹2,00,000 cash and bank guarantee for the remaining amount to be released from the seized vehicle.

New Odc Syndicate Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.488 of 2013

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====================================================== New Odc Syndicate .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.1808 of 2013 ====================================================== 1. Jogesh Kumar Singh @ J.K. Singh S/O Late Tejnarayan Singh R/O Opp. China Mill Vijay Bahadur Singh Chawl, Room No.1, Sewree, Mumbai400015 .... .... Petitioner/s Versus 1. The State Of Bihar Through The Commissioner Of Commercial Taxes Bihar, Patna Having Its Office At Vikas Bhawan, Bailey Road, Patna 2. The Deputy Commissioner Of Commercial Taxes Integrated Check Post, Dobhi (Gaya) 3. The Assistant Commissioner Of Commercial Taxes Integrated Check Post, Dobhi (Gaya) 4. The Commercial Taxes Officer, Integrated Check Post, Dobhi (Gaya) .... .... Respondent/s ====================================================== Appearance : For the Petitioners : Mr. R. K. Agrawal, Adv. Mr. P.K. Mishra, Adv. Mr. A.N. Jha, Adv. For the Respondent/s : Mr. Lalit Kishor (AAG-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 5 12-02-2013 Heard learned counsel for the petitioners and the Additional Advocate General No. 1 in both the writ applications.

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C.W.J.C. No. 488 of 2013 has been preferred by the transporter whose goods have been seized. C.W.J.C. No.

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Patna High Court CWJC No.488 of 2013 (5) dt.12-02-2013

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1808 of 2013 has been preferred by the owner of the Truck hired by the transporter and on which the goods were being transported at the time of seizure.

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Since the questions of fact and law involved in these two applications are fully covered by orders of this Court in C.W.J.C. Nos. 215 of 2013/1509 of 2013 preferred in similar circumstances by the transporter and the Truck owner as also C.W.J.C. Nos. 252 of 2013/1485 of 2013 preferred similarly by the transporter and the Truck owner, we do not propose to reiterate the complete facts except to the extent necessary. In all other respects the procedures as directed by the Division Bench in the earlier two orders shall be followed by the parties.

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The vehicle in question bearing Truck No. MH04FJ/3302 was seized at Dhobi in the District of Gaya. The police case has been instituted before the Chief Judicial Magistrate, Gaya. The total assessment of the seized goods after addition of the penalty is Rs. 3,75,750/-.

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Following the earlier Division Bench orders the transporter shall deposit a sum of Rs. 2,00,000/- in cash and Bank guarantee for the rest of the amount for release of the seized goods.

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The applications are disposed in similar terms as the earlier orders of the Court with all other corresponding obligations of the parties as directed in the earlier orders

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Patna High Court CWJC No.488 of 2013 (5) dt.12-02-2013

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including regarding the release of the vehicle.

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Copy of the order be sent to the Deputy Commissioner of Commercial Taxes, Integrated Check Post, Dhobi, Gaya by FAX at the cost of the petitioners.

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(Navin Sinha, J)

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(Shivaji Pandey, J)

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P. Kumar/-

New Odc Syndicate v. The State Of Bihar and Ors.

Case brief

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New Odc Syndicate v. The State Of Bihar and Ors.

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