Allowed

Md. Alam @ Mohammad Alam v. The State Of Bihar and Ors.

Patna HC19 Jul 2018CWJC/13768/2018

Case brief

AI extract

What is this about?

This is an oral order allowing the representation for release of a seized motor cycle (BR32N 8018) pending confiscation proceedings. The Court directed release upon furnishing a Bank Guarantee, an undertaking not to alienate the vehicle, and valuation based on insurance documents.

What did the court decide?

Direction to release seized motor cycle pending confiscation proceedings upon furnishing Bank Guarantee and undertaking not to alienate the vehicle, with valuation based on insurance documents.

Md. Alam @ Mohammad Alam Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13768 of 2018

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======================================================

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Md. Alam @ Mohammad Alam, S/o Md. Naeem, R/v- Hattha Pur, Parsa, P.S.Basopatti, Distt.- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

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The District Magistrate, Madhubani.

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The Superintendent of Police, Madhubani.

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The Officer In Charge Of Deodha, P.S. Madhubani.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Anil Kumar Sinha -GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 19-07-2018

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This writ petition has been filed for release of a vehicle (Motor Cycle) bearing Registration No. BR32N 8018, which has been seized in connection with Deodha P.S. Case No. 40 of 2018 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 the present case.

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Patna High Court CWJC No.13768 of 2018(2) dt.19-07-2018 2/2

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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, 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents.

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The aforesaid vehicle shall be released within one week from the date of furnishing of the Bank Guarantee.

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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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(Rajeev Ranjan Prasad, J)

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Sunil/R.S.Sen-

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Md. Alam @ Mohammad Alam v. The State Of Bihar and Ors.

Case brief

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Md. Alam @ Mohammad Alam v. The State Of Bihar and Ors.

Case brief

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