High Court allowed writ petition seeking release of a seized motorcycle. Directed release upon furnishing bank guarantee and undertaking to produce the vehicle during pendency of excise proceedings.
Vehicle released pending finalization of confiscation/excise proceedings upon furnishing bank guarantee and undertaking.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14724 of 2018
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Chhatulal Prasad S/o Devi Prasad, resident of Village- Darpa Tola, P.S.Chhauradano, District- Motihari, East Champaran, Motihari.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Kumar Manish – SC 5 ====================================================== 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 (Hero Splendor Pro Motorcycle) bearing Registration No. BR-05N-4674, which has been seized in connection with Chhauradano P.S. Case No. 19 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.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.14724 of 2018(2) dt.01-08-2018 2/2
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 the bank guarantee 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 bank guarantee.
Valuation of the vehicle shall be assessed as per the valuation of the vehicle shown in the insurance papers.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
K.C.Jha/Uma/-
U
1 issue framed by the court
Whether a seized vehicle should be released pending confiscation proceedings on furnishing a bank guarantee.
Chhatulal Prasad
State of Bihar through Principal Secretary, Department of Excise
Chief Justice
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
