Writ petition seeking release of a seized vehicle due to excise violation was allowed. The court directed release upon furnishing two surety bonds and undertaking to produce the vehicle as directed.
Vehicle to be released within one week upon furnishing two surety bonds and undertaking not to alienate it.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11506 of 2018
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Amit Kumar Divakar Son of Jitendra Kumar Yadav resident of Village - Siswa Barhi, P.O. - Siswa Barhi, P.S. - Phulparas, District - Madhubani.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Vivek Prasad- GP7
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 27-06-2018 This writ petition has been filed for release of a vehicle ( Tata Safari ) bearing Registration No. DL-3CAX-6800, which has been seized in connection with Andharamath P.S. Case No. 113 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 Court on various conditions and we see no reason to make a deviation in the present case.
Patna High Court CWJC No.11506 of 2018 (2) dt.27-06-2018
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, Madhubani 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/- N.H.
U
1 issue framed by the court
Whether the vehicle seized in connection with excise violation proceedings should be released to the petitioner pending finalization.
Amit Kumar Divakar
State of Bihar
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
