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A. P. SAHI, ANJANA MISHRA
Baleshwar Roy – Appellant
Versus
State Of Bihar – Respondent
AMRESHWAR PRATAP SAHI, J.
1. Heard Dr. Sanjay Kumar Singh, learned counsel for the appellant and Shri Anant Prasad Singh, Standing Counsel No. 15 for the State of Bihar.
2. The writ petition was filed for a simple release of the vehicle but having found the necessity of clarification on the law of the exercise of powers by this Court as well as the powers of the Executive Authority vis-a-vis the Judicial Authority, the matter was referred to a larger Bench that has returned the reference vide judgment dated 1st of November, 2018. It may be not out of place to mention that the Full Bench was called upon to answer the following questions:
(A.) Whether the Collector, who has seized any animal, vehicle, vessel or other conveyance used in carrying essential commodity, has the jurisdiction to release such animal, vehicle, vessel or other conveyance, and if so, on what conditions?
(B.) Whether the separation of judicial and executive functions will empower the Collector to confiscate the animal, vehicle, vessel or other conveyance without trial as the deprivation of a property can be ordered by a Court only after trial of the criminal case?
(C.) Whether the provisions of Section 6-
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