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2012 Supreme(Pat) 1453

JAYANANDAN SINGH
Kameshwar Pandey – Appellant
Versus
State Of Bihar Through Transport Commissioner, Bihar, Patn – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. Sarvadeo Singh, Adv. .
For the Respondent/s: Mr. Anjani Kumar, AAG-10 and Mr. Harish Kumar.
For the Petitioner/s: Mr. Sanjay Kumar
For the Respondent/s: Mr. Ashok Kumar Keshri Aag11
For the Respondent/s: Mr. Rajesh Kumar Gp8
For the Respondent/s: Mr. Prahlad Kr. Bhagat Gp13
For the Respondent/s: Mr. Madhuresh Prasad Gp12
For the Respondent/s: Mr. Dinbandhu Singh Gp9
For the Respondent/s: Mr. Avnish Nandan Sinha Gp11

ORDER

Out of the 8 cases being disposed of by this order the first 7 were heard together and the last case was heard later on. However, since the grievance was identical the order of that case was also reserved, for it being disposed of along with the rest of the 7 cases.

2. In all these cases, the grievance of the petitioners is against the seizure and detention of their commercial vehicles loaded with goods for being transported to their destinations. In all the cases seizures was made by the Enforcement Officer-cum-Motor Vehicle Inspector of the district on the allegation of violation of different provisions of Motor Vehicles Act. Seizure memos were handed over to the driver or in-charge of the vehicle and the vehicles were detained. This power appears to have been exercised by the Enforcement Officers in terms of Section 207 of the Motor Vehicles Act, 1988. In all the cases, the bona fide of the Enforcement Officer has been questioned and it is stated that all the documents, required to be produced, were produced before the Enforcement Officers when the vehicles were intercepted. However, they kept the papers with themselves with malafide design and seized the vehicles and deta













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