The High Court allowed an application for condonation of 147 days delay and dismissed the Letters Patent Appeal. The Court held the release of a seized vehicle was equitable and contained no patent illegality under the writ petition.
Condonation of 147 days delay allowed; Letters Patent Appeal against release of seized vehicle dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.550 of 2015
Arising out of
Civil Writ Jurisdiction Case No. 12604 of 2014 Along with
Interlocutory Application No.2416 of 2015
===========================================================
.... .... Appellant/s
Versus
Jokhan Singh, son of Late Bhikhan Singh, Resident of Village and P.O. - Karwandiya, P.S. - Sasaram (M) District- Rohtas.
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. D. K. Sinha, A.A.G.-2 Mr. Abhinay Raj, Advocate For the Respondent/s : None
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 23-06-2016
Re.: Interlocutory Application No.2416 of 2015
The application is for condonation of delay of 147 days in filing of the present Letters Patent Appeal.
For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal.
Interlocutory Application stands allowed accordingly.
Re.: Letters Patent Appeal No.550 of 2015
The challenge in the present Letters Patent Appeal is to
Patna High Court LPA No.550 of 2015 dt.23-06-2016
2/2
an order dated 20th of August, 2014 passed in CWJC No.12604 of 2014 and other analogous cases. Vide the order under appeal, the Vehicle No.MP-19H/0220 seized on the allegations of transporting forest produce without any supportive papers was ordered to be released on furnishing of such security as deem fit and proper by the Divisional Forest Officer-cum-Authorized Officer subject to final outcome of the confiscation proceedings.
We find that the order passed is equitable and in the interest of justice so as to not deprive the owner of the vehicle from the use of the same pending finalization of the confiscation proceedings.
We do not find that such order of temporary release of vehicle suffers from any patent illegality or irregularity which may warrant interference in the present Letters Patent Appeal. The same is, therefore, dismissed.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Sunil/-
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| UploadingDate | 28.06.2016 |
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3 issues framed by the court
Whether an interlocutory application for condonation of delay was supported by sufficient cause.
Whether an order releasing a seized vehicle pending confiscation proceedings was liable to be set aside.
Whether the release of the vehicle deprived the owner of his rights or held patent illegality.
The State of Bihar
The District Magistrate, Rohtas
Jokhan Singh
HEMANT GUPTA
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
