Tapa Nath Dhar @ Tapo Nath Dhar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1777 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PURNIA ===========================================================

1. Tapa Nath Dhar @ Tapo Nath Dhar S/o Sri Kuber Dhar R/o A - 87, Block -A, Mukandpur Part - 1, P.S. - Bhalswa, Delhi - 42. .... .... Petitioner/s

Versus

1. The Union of India.

2. The Deputy Director, Directorate of Revenue Intelligence, Regional Unit, Patna.

3. Ramanand Choudhary, Intelligence Officer, Directorate of Revenue Intelligence, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Respondent/s : Mr. S.D. Sanjay, A.S.G. Mr. Kumar Priya Ranjan, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-10-2017 Heard learned counsel for the petitioner and the State.

2. Truck of the petitioner bearing registration No.NL01K/5133 was seized in connection with Special Case No.9/17/CIS No.7/17 on the allegation that the same was carrying ganja hidden between the pockets of Paraffin Wax bags.

3. Prayer is for interim release of the truck as well as Paraffin Wax bags.

4. Learned Additional Solicitor General, appearing for Union of India, submits that the truck may be released by way of interim custody only on execution of bank guarantee to secure

Patna High Court Cr. WJC No.1777 of 2017 dt.17-10-2017 P2/ production of the truck. He has no objection in release of Paraffin Wax.

5. Considering the facts and circumstances, let the truck be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.10,00,000/- (Ten Lacs) to the satisfaction of the learned Court-below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court. The Pafaffin Wax bags be released unconditionally. The authority would be at liberty to retain a small quantity of the same for sample.

6. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.10.2017 Transmission Date 18.10.2017