Writ petition allowed. Vehicle seized for Excise Act violation directed to be released on furnishing two surety bonds and undertaking to produce it later.
Directed release of seized motorcycle on petitioner furnishing two surety bonds to the District Magistrate within one week.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14490 of 2018
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Sudhanshu Giri Son of Bhagwan Giri, Resident of Village-Rawal Bigha Kunda, P.S.-Muffasil, District-Aurangabad.
.... .... Petitioner/s
Versus
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mrd. Leelawati Kumari, 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 01-08-2018 This writ petition has been filed for release of a vehicle (Passion Pro Motorcycle) bearing Registration No. BR26 20110002636, which has been seized in connection with Amba P.S. Case No. 05 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.14490 of 2018 (2) dt.01-08-2018
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, Aurangabad 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. V aluation of the vehicle shall be done on the basis of valuation in the insurance documents.
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 to the petitioner pending finalization of confiscation and criminal proceedings.
Sudhanshu Giri
The State of Bihar
The District Magistrate, Aurangabad
The Superintendent of Police, Aurangabad
The Officer in Charge, Amba Police Station
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
