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Ranjit Kumar @ Ranjit Kumar Singh v. The State Of Bihar, Through The Principal Secretary Excise Department, Patna and Ors.

Patna HC11 Oct 2017CR. WJC/1707/2017

Case brief

AI extract

What is this about?

Petitioner sought ad interim custody of a seized vehicle in an excise case. The court ordered release on execution of a surety bond of Rs.3,00,000/- subject to the outcome of a pending larger Bench judgment questioning executive confiscation powers.

What did the court decide?

Release of seized vehicle by way of ad interim custody on execution of surety bond of Rs.3,00,000/-.

Ranjit Kumar @ Ranjit Kumar Singh Vs The State… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.1707 of 2017

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Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA

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===========================================================

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Ranjit Kumar @ Ranjit Kumar Singh, Son of Dilip Prasad Singh @ Dilip Prasad, Resident of Village- Baksu Bigha, P.S.- Vishnupath, District- Gaya.

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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, Patna.

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The Collector/District Magistrate, Gaya.

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The Superintendent of Police, Gaya.

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The A.S.I. Awadhesh Prasad, Sherghati Police Station, Gaya.

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The S.H.O. of Sherghati Police Station, Gaya.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, GA-1

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-10-2017

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Heard learned counsel for the parties.

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The Maruti Alto 800 VXI of this petitioner bearing registration No.BR-02AG/5812 was seized in connection with Sherghati P.S. Case No.173 of 2017 for alleged violation of the Excise law.

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The petitioner moved the learned Special Judge, Excise Act, Gaya, for release of the vehicle and the prayer was refused on 10.08.2017 mainly for the reason that Section 60 of the Bihar Prohibition and Excise Act, 2016, bars jurisdiction of the Court to entertain release of the seized articles.

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Patna High Court Cr. WJC No.1707 of 2017 dt.11-10-2017

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P/2

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Learned counsel for the petitioner submits that no purpose is going to be served by continued detention of the seized vehicle. He further submits that the power of the Executive Authority to confiscate the vehicle is under challenge in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. before a larger Bench of this Court on the ground that such power is exercisable only by a judicial authority. Hence, till disposal of the L.P.A. aforesaid interim custody may be ordered in favour of the petitioner.

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The learned counsel for the State-respondent has opposed the prayer. However, does not dispute the aforesaid factual position of the pending issue in the L.P.A. aforesaid.

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Finding substance in the submission of the learned counsel for the petitioner especially the fact that no purpose would be served by continued detention of the said vehicle, let referred vehicle be released in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.3,00,000/- (Three Lacs), not in the form of cash/Bank Guarantee, along with two sureties of the like amount to the satisfaction of the Special Judge, Excise Act, Gaya, 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. This order shall be

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Patna High Court Cr. WJC No.1707 of 2017 dt.11-10-2017

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P/3

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subject to the result of the L.P.A. aforesaid.

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With the aforesaid observation, this writ application

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stands disposed of.

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(Birendra Kumar, J)

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Mkr./-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2017 Transmission 13.10.2017 Date

Ranjit Kumar @ Ranjit Kumar Singh v. The State Of Bihar, Through The Principal Secretary Excise Department, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Ranjit Kumar @ Ranjit Kumar Singh v. The State Of Bihar, Through The Principal Secretary Excise Department, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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