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2004 DIGILAW 560 (PAT)

Binod Das v. Union Of India

2004-05-19

CHANDRAMAULI KR.PRASAD

body2004
Judgment Chandramauli Kr.Prasad, J. 1. This application has been filed for release of the truck bearing Registration No. HR-38B-1966. 2. Short facts giving rise to the present application are that the petitioner is the owner of a truck bearing Registration No.HR-38B-1966. The said truck was intercepted by the custom officials on 20.7.2003 and was found carrying 260 kgs. of Ganja valued at Rs. 5,20,000/-. The Ganja as also the truck which was valued at Rs. 3 lakh, were seized. This led to registration of Custom Case No. 59/MTH/03. 3. Petitioner filed application for release of the truck before the Special Judge, East Champaran, which was registered as Cr. Misc. No. 269 of 2003. The Special Judge, by order dated 24.9.2003 rejected the petitioners prayer. 4. Counter and supplementary counter affidavit have been filed on behalf of opposite party. In para-4 of the supplementary counter affidavit, it has been stated that from the investigation report, the involvement of the owner and driver of the vehicle in the act of smuggling was not established. In para-5 thereof, it has been further stated that the release of the truck may be considered on the petitioner furnishing cash security equivalent to the seizure value of the truck. 5. Mr. Sadaquat Hussain, appearing on behalf of the petitioner submits that the seizure value of the truck is Rs. 3 lakh and the petitioner is prepared to furnish bank guarantee instead of cash security for its release and hence, the opposite party be directed to release the vehicle. 6. Mr. Ashok Kumar Singh appears on behalf of the opposite party. 7. Having considered the rival submission, l am of the opinion that this is a fit case in which the truck bearing Registration No. BR-38B/1966 deserves to be released in favour of the petitioner on furnishing a bank guarantee of Rs. 3 lakh to the satisfaction of the Assistant Commissioner, Custom Division, Motihari. l order accordingly. 8. The petitioner shall also undertake that he shall not make any alteration/addition in the truck and shall be produced whenever and wherever required. 9. Application stands allowed in the aforesaid terms.