M/S Pannu Car Rentals Pvt. Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2035 of 2018 =========================================================== M/s Pannu Car Rentals Pvt. Ltd., G-22, Sector- 12, Plot No. 10, Vardhaman Bahanof Plaza, Dwarka, New Delhi (Registered Office), having its office at Shop No.- 5, Sector- 4, DIZ Area, Baba Kharak Singh Marg, Police Station- Mandir Marg, District- New Delhi through its Authorized Representative Sri Anuj Kumar Jha, S/o Sri Tula Nand Jha, resident of Mohalla- U- 407, Mangolpuri, P.S. Mangolpuri, New Delhi.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Prohibition, Excise and Registration Department, Government of Bihar.
2. The Excise Commissioner, Prohibition, Excise and Registration Department, Government of Bihar.
3. The District Magistrate, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The Officer in Charge, Police Station- Kuchaykote. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Respondent/s : Mr. VIVEK PRASAD -GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 12-02-2018 This writ petition has been filed for release of a vehicle (Car) bearing Registration No. BR DL-1-NA-1498, which has been seized in connection with Kuchaykote P.S. Case No.346 of 2017 due to violation of the Excise Act.
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
Patna High Court CWJC No.2035 of 2018 dt.12-02-2018 2/2 and we see no reason to make a deviation in the present case. Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Gopalganj 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 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 bank guarantee.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date15-02-2018 Transmission Date