The Court allowed a writ petition seeking release of a seized Tempo pending finalization of confiscation proceedings and criminal case, directing its release on furnishing surety bonds and undertaking.
Release of the seized vehicle to the petitioner on furnishing two surety bonds and giving an undertaking not to alienate it during proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11698 of 2017
=========================================================== Dilip Sao, Son of Jageshwar Sao, R/o Village- Matiahani, P.O.- Sahdeokhap, P.S.Magadh University and District- Gaya.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Respondent/s :
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017
This writ petition has been filed for release of a vehicle
in question (Tempo) bearing Registration No. BR-02Q-7897 which has been seized due to violation of the Excise Act. The confiscation proceedings are pending and the prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.
Patna High Court CWJC No.11698 of 2017 dt.21-08-2017
2/2
Keeping in view the aforesaid, it is directed that pending finalization of Bodh Gaya P.S. Case No. 392 of 2016, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya and not to alienate or deal with the vehicle during the pendency of the confiscation proceedings or the criminal proceedings.
With the aforesaid, the writ petition stands allowed and
disposed of.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
P.K.P.
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A. |
| UploadingDate | 23.08.2017 |
| Transmission Date |
1 issue framed by the court
Whether a vehicle seized under the Excise Act should be released pending confinement proceedings and criminal case finalization.
Dilip Sao
The State of Bihar
The District Magistrate -Cum-Collector, Gaya
The Senior Superintendent of Police, Gaya
The Officer In Charge, Bodh -Gaya Police Station
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
