Allowed

Chandan Ghosh v. The State Of Bihar and Ors.

Patna HC16 May 2018CWJC/8444/2018

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking release of a vehicle seized under the Excise Act. The Court directed the release of the vehicle contingent upon the petitioner furnishing a bank guarantee and an undertaking to produce the vehicle upon demand.

What did the court decide?

Release of the seized vehicle (Safari Reg. No. JH-05P-5413) within one week after furnishing a bank guarantee and undertaking.

Chandan Ghosh Vs The State Of Bihar and Ors. — Motor Accident Claims | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8444 of 2018

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Chandan Ghosh, son of Sri Jaydev Ghosh, resident of village- Prasudih Pramth Nagar H. NO-11AB, P.S.- Prasudih, District Tata Nagar Jamshedpur (Jharkhand)

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... ... Petitioner/s

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Versus

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The State Of Bihar, the Chief Secretary, Government of Bihar, Patna

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The Principal Secretary, Department of Home Bihar, Old Secretariat, Patna

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The Principal Secretary, Department of Excise, Bihar Old Secretariat, Patna-1

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The Collector cum District Magistrate, Gaya

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The Superintendent of Police, Gaya

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The Excise Superintendent, Gaya

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Prithivi Raj Singh For the Respondent/s : Mr. Vivek Prasad- Gp7

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 16-05-2018

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This writ petition has been filed for release of a vehicle (Safari) bearing Registration No. JH-05P-5413, which has been seized in connection with Barachatti P.S. Case No. 450 of 2016 due to violation of the provisions of the Excise Act.

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It is common ground that in various cases, identical

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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.

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Patna High Court CWJC No.8444 of 2018(2) dt.16-05-2018 2/2

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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 the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Gaya 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.

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The vehicle in question be released within one week from the date of furnishing 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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K.C.Jha/-

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Chandan Ghosh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Chandan Ghosh v. The State Of Bihar and Ors.

Case brief

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