Writ petition seeking release of a vehicle seized under the Excise Act. The Court directed release of the vehicle pending confiscation proceedings upon furnishing surety bonds and undertaking not to alienate it.
Vehicle released within one week upon furnishing two surety bonds and undertaking not to alienate the vehicle during pending proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.686 of 2018
======================================================
Ashok Kumar
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil, Adv. For the Respondent/s : Mr. KUMAR MANISH- SC5 ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 12-01-2018
This writ petition has been filed for release of a vehicle (Black Colour Motor Cycle) bearing Registration No. BR-45H-1319, which has been seized in connection with Ramgarh P.A. Case No.211 of 2017 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.
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.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.686 of 2018(2) dt.12-01-2018 2/2
pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Kaimur (Bhabua) and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Kaimur (Bhabua) and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and 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.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
U
2 issues framed by the court
Whether the impugned vehicle seized in violation of the Excise Act should be released pending finalization of confiscation proceedings on furnishing surety bonds?
Whether an undertaking to not alienate the vehicle is a sufficient condition for its release?
1 provisions across 1 enactments
Ashok Kumar
The State Of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
