Partly allowed

Amit Kumar v. The State Of Bihar, Through The Principal Secretary, Department Of Forest And Environment Bihar, Pa

Patna HC13 Oct 2017CR. WJC/1816/2017

Case brief

AI extract

What is this about?

This is an oral judgment in a writ application seeking quashing of an order confiscating the petitioner's truck and interim release of the vehicle pending a larger Bench's decision on the legality of pre-trial confiscation.

What did the court decide?

The truck was released to the petitioner with ad interim custody by way of execution of a surety bond of Rs.20,00,000 along with two sureties, subject to the result of LPA No.1647 of 2015.

Amit Kumar Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.1816 of 2017

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Arising Out of PS.Case No. -null Year- null Thana -null District- SASARAM (ROHTAS)

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

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Amit Kumar Son of Sri Nand Kishore Singh Resident of Mohalla - Gandhi Nagar, Company Sarai, Sasaram, P.S. - Sasaram (T), District - Rohtas.

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.... .... Petitioner/s

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Versus

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The State of Bihar, through the Principal Secretary, Department of Forest and Environment Bihar, Patna.

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The District Magistrate, Rohtas at Sasaram.

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The Divisional Forest Officer-cum-Authorised Officer, Rohtas Forest Division, Sasaram, District - Rohtas.

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The Forest Range Officer, Darigaon Forest Area, Sasaram Forest Division, District - Rohtas.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-10-2017

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Heard learned counsel for the parties.

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This writ application has been preferred for quashing the order dated 15.12.2016 passed by Divisional Forest Officer-cumAuthorized Officer, Rohtas Forest Division, Sasaram (respondent No.3) in Confiscation Case No.77 of 2016, arising out of Forest Case No.31 of 2016 whereby the truck of the petitioner bearing registration No.UP-67T/1257 was confiscated. The said truck was seized in connection with Forest Case No.31 of 2016.

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Submission of the learned counsel for the petitioner is that pre-trial confiscation is bad-in-law and the said issue is under consideration before a larger Bench of this Court in LPA No.1647 of

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Patna High Court Cr. WJC No.1816 of 2017 dt.13-10-2017

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P2/

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2015 Baleshwar Roy V. The State of Bihar & Ors. Hence, till adjudication of the aforesaid issue interim custody of the truck be handed over in favour of the petitioner as no purpose is going to be served by continued detention of the vehicle in police lockup.

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Finding substance in the submission aforesaid, let the truck, in question, be released in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.20,00,000/(Twenty Lacs), not in the form of cash/Bank Guarantee, along with two sureties of the like amount each to the satisfaction of the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Sasaram, with condition that the petitioner would not dispose of the said vehicle or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court. The release shall be subject to the result of the 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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Mkr./-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	17.10.2017
Transmission Date	17.10.2017

Amit Kumar v. The State Of Bihar, Through The Principal Secretary, Department Of Forest And Environment Bihar, Pa

Case brief

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Amit Kumar v. The State Of Bihar, Through The Principal Secretary, Department Of Forest And Environment Bihar, Pa

Case brief

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What did the court decide?

What the court decided

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