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Judgment
Heard learned counsel for the parties.
This writ application has been preferred for quashing the
order dated 09.09.2017 passed in Confiscation (Excise) Case No. 34 of
2017 by the Collector, Samastipur whereby the Collector has confiscated
the Scorpio of the petitioner bearing vehicle no. UP-16AQ-0036 which was
seized in connection with Mohiuddin Nagar P.S. Case No. 231 of 2016 for
alleged violation of the Bihar Excise Law. Further prayer is for release of
the said vehicle as no purpose would be served by its continued detention
of the vehicle in police lock up as well as on the ground that authority of
the executive to pre-trial confiscation is under challenge before a Larger
Bench of this Court in L.P.A. No. 1647 of 2015 ( Baleshwar Roy vs. The
State of Bihar & Ors .).
After hearing the parties, finding substance in the submission
aforesaid, let the aforesaid vehicle be released in favour of the petitioner on
execution of bank guarantee of Rs.5,00,000/- (rupees five lakhs) or
document of immovable property of equal value standing in the name of the
petitioner 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 operation of the impugned order shall remain stayed and
the release shall be subject to the final result of the pending L.P.A.
aforesaid.
With the aforesaid observation, this writ application stands
disposed of.