The Patna High Court in a writ petition ordered the release of a motorcycle seized in violation of the Excise Act. The vehicle is to be released upon furnishing two surety bonds and an undertaking to produce it upon direction without creating third-party rights.
Vehicle released upon furnishing two surety bonds and undertaking to produce it as directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10368 of 2018
======================================================
Ajit Kumar, Son of Shivpujan Prasad Shrivastav @ Shivpujan Prasad Shrivastava, resident of Mohalla- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Vikash Kumar- Sc11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 19-06-2018
This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR22M9204, which has been seized in connection with Town P.S. Case No.182 of 2018 due to violation of the provisions of the Excise Act.
It is common ground that in various cases, identical in nature, pending finalization of the
confiscation/excise/criminal 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.10368 of 2018(2) dt.19-06-2018 2/2
Keeping in view the aforesaid, it is directed that pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, East Champaran, Motihari and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.
The vehicle in question be released within one week from the date of furnishing the surety bonds.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
K.C.Jha/-
U
1 issue framed by the court
Whether the petitioner's seized vehicle be released pending finalization of confiscation/excise proceedings upon furnishing surety bonds.
Ajit Kumar
State of Bihar through the Principle Secretary, Registration, Excise and Prohibition Department
Principle Secretary, Registration, Excise and Prohibition Department
Collector-cum-District Magistrate, East Champaran
Superintendent of Excise, East Champaran
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
