Allowed

Asha Devi v. The State Of Bihar and Ors.

Patna HC3 Nov 2017CWJC/15431/2017

Case brief

AI extract

What is this about?

Writ petition filed for release of a seized tractor pending confiscation proceedings under the Excise Act in Fatehpur P.S. case. Court allowed the petition directing release of the vehicle against Bank Guarantee.

What did the court decide?

Vehicle authorized to be released pending finalization of confiscation proceedings and criminal case on furnishing of Bank Guarantee and undertaking.

Asha Devi Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15431 of 2017

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Asha Devi, wife of Vijay Kumar Yadav, resident of Village- HarliKhurd, P.S.Bodh Gaya, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through Secretary, Department of Excise, New Secretariat, Patna, Bihar.

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The Collector, Gaya.

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The S.P. Gaya.

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The ASI, Fatehpur P.S., District- Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Adv. For the Respondent/s : Mr. KUMAR MANISH -SC5

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 03-11-2017 This writ petition has been filed for release of a vehicle (Mahindra & Mahindra 295-DI Tractor) bearing Registration No. BR 2M-3265, which has been seized in connection with Fatehpur P.S. Case No. 257/2017 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.

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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

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Patna High Court CWJC No.15431 of 2017(2) dt.03-11-2017 2/2

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the present case.

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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, 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 in question during the pendency of the confiscation proceedings and criminal case.

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With the aforesaid, the writ petition stands allowed and disposed of.

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(Rajendra Menon, CJ)

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( Anil Kumar Upadhyay, J)

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K.C.Jha/-

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Asha Devi v. The State Of Bihar and Ors.

Case brief

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Asha Devi v. The State Of Bihar and Ors.

Case brief

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