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Narayan Haldhar v. The State Of Bihar Through The Principal Secretary, Excise Department, Bihar Patna and Ors.

Patna HC3 Oct 2017CR. WJC/1680/2017

Case brief

AI extract

What is this about?

In this writ application, the petitioner sought release of a PICK UP Van seized during an excise violation case. The High Court ordered interim custody of the vehicle to the petitioner upon execution of a security bond, subject to the final outcome of a pending legal proceeding.

What did the court decide?

Interim custody of the seized vehicle granted on execution of a security bond of Rs. 3 lacs and two sureties, subject to final result of pending L.P.A.

Narayan Haldhar Vs The State Of Bihar Through The… — Writ and Judicial Review | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1680 of 2017

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====================================================== Narayan Haldhar Son of Late Sati Charan Haldhar , R/o VillageHariharpur, P.S.- Kaliyagaon, District- Uttar Dinajpur, (West Bengal).

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.... .... Petitioner/s

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Versus

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The State of Bihar Through The Principal Secretary, Excise Department, Bihar Patna.

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The District Magistrate, Katihar.

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The Superintendent of Police, Katihar.

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The S.H.O., Katihar Twon P.S., P.S.- Town, District- Katihar.

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.... .... Respondent/s ====================================================== Appearance :

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For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Respondent/s : Mr. Vivek Prasad (Gp-7)

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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This writ application has been preferred for release of PICK UP Van bearing Registration No. WB 59A-7738, which was seized in connection with Katihar Town P.|S.Case No.502 of 2017 registered for violation of Excise Law. One bottle of liquor was allegedly recovered from the said vehicle.

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2 03-10-2017

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Submission of the learned counsel for the petitioner is that no purpose would be served by continued detention of the said vehicle as the authority of executive to confiscate is under challenge before this Court and the matter is pending in L.P.A.No. 1647 of 2015 (Baleshwar Roy –v- The State of Bihar & ors.)

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After hearing the parties and considering the aforesaid pendency of L.P.A., let interim custody of the vehicle

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Patna High Court Cr. WJC No.1680 of 2017 (2) dt.03-10-2017

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2/2

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be given to the petitioner on execution of security bond of Rs. 3 lacs (not in form of Bank Gurantee or Cash) along with two sureties of the like amount each to the satisfaction of the concerned authority with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as and when required by the Court. The release shall be subject to final result of the pending L.P.A. aforesaid.

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With the aforesaid observation, this writ application stands disposed of.

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(Birendra Kumar, J)

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singh/-

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Narayan Haldhar v. The State Of Bihar Through The Principal Secretary, Excise Department, Bihar Patna and Ors.

Case brief

What is this about?

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Narayan Haldhar v. The State Of Bihar Through The Principal Secretary, Excise Department, Bihar Patna and Ors.

Case brief

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