Writ petition filed for release of seized vehicle pending confiscation proceedings. Court directed release upon furnishing a bank guarantee and undertaking.
Direction to release the seized vehicle pending proceedings on furnishing a bank guarantee and undertaking.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15166 of 2017
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Palwindra Singh, Son of Late Mahendra Singh, Resident of Mohalla Khuski Bagh, Police Station Sadar, District- Purnea.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Vikram Singh, Adv. For the Respondent/s : Mr. LALIT KISHORE-AG
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 03-11-2017
This writ petition has been filed for release of a vehicle bearing Registration No. BR-11-M/7195, which has been seized in connection with K. Hat (Sahayak) P.S. Case No. 636/2017 due to violation of the Excise Act. 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.15166 of 2017(2) dt.03-11-2017 2/2
Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Purnea and further undertaking to produce the vehicle as and when directed by the District Magistrate, Purnea and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
U
1 issue framed by the court
Whether the seized vehicle should be released pending finalization of confiscation and criminal proceedings.
Palwindra Singh
The State of Bihar through the Principal Secretary Excise Department, Govt. of Bihar, Patna
The Divisional Commissioner, Excise Department, Purnea Division Purnea
District Magistrate, Purnea
Officer-in-charge, K. Hat (Sahayak) Police Station, Purnea
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
