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Ram Bachan Singh v. The State Of Bihar and Ors.

Patna HC25 Jun 2013CWJC/6801/2013

Case brief

AI extract

What is this about?

Writ petitioner sought interim release of seized tractor and trailer lying under open sky. Court, due to delay in confiscation, directed release upon furnishing bond and security.

What did the court decide?

Interim release of seized tractor and trailer upon furnishing a bond, reasonable security/bank guarantee of depreciated value, and undertaking to produce the vehicle on final order date.

Ram Bachan Singh Vs The State Of Bihar and Ors. — Patna HC (2013) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6801 of 2013

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====================================================== Ram Bachan Singh, son of Late Dudul Singh Resident of Village- Tendua (Dushadi), P.S. - Dehri, District- Rohtas .... .... Petitioner Versus 1. The State of Bihar 2. The Divisional Forest Officer-Cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram 3. The Forester (Forest Officer), Sasaram, Rohtas .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar Tiwary, Advocate For the Respondents : Mr. Tej Bahadur Singh, AAG 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 25-06-2013 This writ application has been filed for interim release of tractor bearing registration no.BR-24H/9129 with trailor bearing registration no.BR-24G/1805 of the petitioner which was seized on the allegation of alleged violation of provisions of the Indian Forest Act.

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Learned counsel for the petitioner submits that the vehicle was seized on 26.02.2012 and since then the confiscation proceeding is going on with no end of it in sight and the vehicle is lying under the open sky. He submits that if the vehicle continues in the same condition facing vagaries of nature, it may become junk and unfit for any use.

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Learned counsel for the respondents, on account of inordinate delay in conclusion of the confiscation proceeding,

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Patna High Court CWJC No.6801 of 2013 (2) dt.25-06-2013

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does not have any objection to the interim release of the vehicle with conditions as he agrees that if the seized vehicle becomes junk, it will be a national loss because neither petitioner will be able to put it to any use nor the Department will fetch any price for it in the event of its confiscation.

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In the circumstances, on account of inordinate delay in conclusion of the confiscation proceeding, the Confiscating Authority is directed to release the said tractor and trailor of the petitioner on provisional basis upon petitioner furnishing a bond and reasonable security and/or bank guarantee of the depreciated value of the tractor and trailor. Petitioner shall also furnish an undertaking that on the date of passing of final order in the confiscation proceeding, he shall produce the tractor and trailor before the Confiscating Authority.

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B.T/-

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(Jayanandan Singh, J)

Ram Bachan Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ram Bachan Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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