Writ petition directed release of a seized motorcycle pending finalization of excise and criminal proceedings, conditional on furnishing surety bonds and providing undertaking not to alienate the vehicle.
Vehicle released to petitioner on furnishing two surety bonds and undertaking not to alienate the vehicle during pendency of proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11452 of 2018
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Md. Mumtaj, Son of Jaimullah Miya, Resident of Village- Dhobia Tola, P.S.- Kangali, P.O.- Kathiya Mathiya, District- West Champaran.
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Respondent/s : Mr. Anil Kumar Sinha -GA1
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 28-06-2018 This writ petition has been filed for release of a vehicle ( Hero Honda CD Deluxe Motorcycle ) bearing Registration No. BR-22-M8899, which has been seized in connection with Kangali P.S. Case No. 53 of 2017 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
Patna High Court CWJC No.11452 of 2018 (2) dt.28-06-2018
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Court on various conditions and we see no reason to make a deviation in the present case.
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, West Champaran, Bihar 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 a seized vehicle should be released pending finalization of confiscation and criminal proceedings under conditions.
Md. Mumtaj
The State of Bihar through the Principal Secretary, Department of Excise
Principal Secretary, Department of Excise, Government of Bihar
District Magistrate, West Champaran
Superintendent of Police, West Champaran
District Transport Officer, West Champaran
HONOURABLE THE CHIEF JUSTICE
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
