Disposed

Sanjay Kumar Sah v. The State Of Bihar and Ors.

Patna HC24 Mar 2014CWJC/3857/2014

Case brief

AI extract

What is this about?

The High Court at Patna disposed of the civil writ petition concerning the provisional release of a seized truck. The bench directed the petitioner to approach the Confiscating Authority to seek modification of onerous conditions, specifically offering a cash deposit and surety, relying on the precedent set in Sunderbhai Ambalal Desai vs State of Gujarat.

What did the court decide?

The application was disposed of; petitioner directed to approach the Confiscating Authority to seek modification of conditions based on the offered cash deposit and surety.

Sanjay Kumar Sah Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3857 of 2014 ====================================================== 1. Sanjay Kumar Sah Son Of Sri Bhagwan Sah Resident Of VillagePatrakona, P.S.- Sikraul, District- Buxar .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Rohtas at Sasaram 3. The Authorized Officer-Cum-Divisional Forest Officer, Rohtas at Sasaram 4. The Forest Range Officer, Sasaram Forest Area, District- Rohtas. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 24-03-2014 Heard the parties. Both the party agreed to disposal of the present case. What has been assailed in this case is the condition(s) imposed for provisional release of the vehicle by the Confiscating Authority vide order dated 3.2.2014 (Annexure-7).

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The petitioner had moved this Court for provisional release of the truck which was seized on 13.5.2013 in connection with Forest case no. 15 of 2013. This Court by order dated 16.1.2014 (Annexure-5) directed the petitioner to file an application for provisional release of the vehicle whereafter the Confiscating Authority was required to consider provisional release of the truck in the light of the ratio decidendi in the case of Sunderbhai Ambalal Desai Vs State of Gujarat [ (2002) 10

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Patna High Court CWJC No.3857 of 2014 (2) dt.24-03-2014

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2/2

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SCC 283] upon imposition of appropriate conditions.

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Contention of the petitioner is that by the aforesaid order/ communication dated 3.2.14 (Annexure-7) five conditions have been imposed. Condition nos. 1 and 2 are onerous. Petitioner is ready to deposit in cash a sum of Rs. 50,000/- (Fifty Thousand) in place of condition no.1. In so far as the condition no.2 is concerned, he is ready to furnish the surety from 02 respectable citizens. He has also drawn attention of the Court to the order dated 16.1.14 (Annexure-8) wherein this Court while directing the provisional release of the truck/vehicle specifically observed that the surety may not be in the shape of cash or Bank guarantee.

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In my view, the petitioner should approach the Confiscating Authority with the said request in the light of the stand taken before this Court whereafter I am sure the concerned authority will consider the desirability of modifying those two conditions appropriately in accordance with law.

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The application is disposed of.

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(Kishore Kumar Mandal, J)

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Shyam/-

Sanjay Kumar Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

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Sanjay Kumar Sah v. The State Of Bihar and Ors.

Case brief

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