Premier Vigilance And Security Private Limited, Through Sandip Aditya Chaudhari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5157 of 2018 ====================================================== Premier Vigilance and Security Private Limited, through Sandip Aditya Chaudhuri, Son of Ranajit Aditya Chaudhuri of 4B, Orient Row, Police Station- Beniapukur, Kolkata 700017, West Bengal. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Purnea, Bihar.

3. The Superintendent of Police, District of Purnea, Bihar.

4. The Officer-in-Charge, P.S. Baisi, District Purnea, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Respondent/s :

Mr. KUMAR MANISH -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-03-2018 This writ petition has been filed for release of a vehicle (Mahindra Bolero Camper BS-II) bearing Registration No. WB- 41E- 3114, which has been seized in connection with Baisi P.S. Case No. 186 of 2017 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, subject to right of

Patna High Court CWJC No.5157 of 2018(2) dt.27-03-2018 2/2 the respondents to initiate confiscation proceeding, if permissible in law, 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, Purnea 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. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U