Allowed

Dhuri Devi @ Ghuro Devi v. The State Of Bihar and Ors.

Patna HC17 May 2018CWJC/8648/2018

Case brief

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What is this about?

In a writ petition, the Supreme Court allowed the petitioner's plea for the release of a seized vehicle (Tempo) pending the finalization of confiscation proceedings under the Excise Act. The vehicle was released subject to furnished surety bonds and an undertaking not to alienate it.

What did the court decide?

Release of the seized Tempo vehicle (BR 11PA-5714) pending finalization of confiscation proceedings and criminal case, subject to furnishing of two surety bonds and an undertaking.

Dhuri Devi @ Ghuro Devi Vs The State Of… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8648 of 2018

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

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Dhuri Devi @ Ghuro Devi, wife of Mukesh Mandal, Resident of Lalganj, Police Station- Maranga, District- Purnia

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna

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The District Magistrate, Bhagalpur

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The Superintendent of Police, Naugachia, District- Bhagalpur

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The Sub Divisional Police Officer, Naugachia, District- Bhagalpur

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The Officer-in-Charge, Naugachia Police Station- Bhagalpur

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar- Sc11 ======================================================

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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 17-05-2018 This writ petition has been filed for release of a vehicle (Tempo) bearing Registration No. BR 11PA-5714, which has been seized in connection with Naugachia P.S. Case No. 297/2017 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.

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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

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Patna High Court CWJC No.8648 of 2018(2) dt.17-05-2018 2/2

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the present case.

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Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on her furnishing two surety bonds to the satisfaction of District Magistrate, Bhagalpur 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. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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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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P.K.P./-

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Dhuri Devi @ Ghuro Devi v. The State Of Bihar and Ors.

Case brief

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Dhuri Devi @ Ghuro Devi v. The State Of Bihar and Ors.

Case brief

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